W912DW24R0004- HAHD FPF_Draft RFP_Reduced.pdf

Project Title: How ard A. Hanson Dam Additional Water Storage Project Fish Passage Facility.

Location: Ravensdale, WA.

NAICS Code: 237990 "Other Heavy and Civil Engineering Construction".

Small Business Size Standard: $45,000,000.

This is a Fixed-Price Incentive (FPI) type contract utilizing a one-time deviation for an Integrated Design and Construction (IDaC) services delivery method.

ALEX MARCINKIEWCZ 206-764-3773

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 (RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ 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 ______________ (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 _______120 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

(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:

W912DW24R0004 114

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 01 10 - Table of Contents

TABLE OF CONTENTS

SECTION TITLE

SF1442 Construction Solicitation

00 10 00 Price Schedule

00 21 00 Instructions, Conditions and Notice to Offerors

00 21 16 Proposal Submission

00 22 16 Evaluation Criteria

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

00 62 00 Corporate Certificate

00 70 00 CLIN 0001 Pre-Construction Services Clauses

00 72 00 Overall Contract Clauses

00 73 00 Supplementary Conditions, which include the following:

a) CLIN 0001 Service Wage Determination

b) CLIN 0002 Davis Bacon Wage Determination

01 00 00 Staement of Work – Pre-Construction Services

AWSP Fish Passage Facility 23020 Howard A. Hanson Dam, WA W912DW-24-R-0004

00 11 00 - 5

PRICE SCHEDULE

CLIN Description of Item Firm Fixed Price

BASE ITEMS

0001 Pre-Construction Services (Firm Fixed Price)

OPTIONAL ITEMS Ceiling Price

CLIN

Price **

Initial Target Cost (ITC)

Initial Target Profit

(ITP)

0002 Construct Bulkhead Coffer Dam $_______ $_______ $__________ $_______ ___%

0003 Construct Fish Passage Facility and Supporting Facilities

TOTAL EVALUATED PRICE * $_____________________

*Total Evaluated Price = CLIN 0001 Firm Fixed Price + CLINs 0002 and 0003 Ceiling Price **CLIN Price = ITC + ITP; ITC will be evaluated for reasonableness

00 11 00 - 6

CLIN 0002 Scope of Work Price Breakdown

Item Description Quantity UOM Initial Target Cost

0002A Mobilization and Demobilization 1 JOB $_______________ 0002B Bulkhead 1 JOB 0002C Intake Structure 1 JOB 0002D Care and Diversion of Water 1 JOB 0002E Emergency Mobilization and Demobilization 1 EA $_______________ 0002F Operations and Maintenance (O&M) Manuals 1 JOB $ 250,000 0002G Record Drawings 1 JOB $ 125,000

0002 Initial Target Cost TOTAL $_______________

CLIN 0003 Scope of Work Price Breakdown

Item Description Quantity UOM Initial Target Cost

0003A Mobilization and Demobilization 1 JOB $_______________ 0003B Site Improvements 1 JOB 0003C Excavation 1 JOB 0003D Multi-port Collector 1 JOB 0003E Steep Slope Bypass 1 JOB 0003F Tower 1 JOB 0003G Tunnel 1 JOB 0003H Outfall Structure 1 JOB 0003I Care and Diversion of Water 1 JOB 0003J Emergency Mobilization and Demobilization 1 EA $_______________ 0003K Operations and Maintenance (O&M) Manuals 1 JOB $ 250,000 0003L Record Drawings 1 JOB $ 125,000

0003 Initial Target Cost TOTAL $_______________

SCOPE OF WORK PRICE BREAKDOWN NOTES:

1) Initial Target Cost TOTAL for CLINS 0002 and 0003 (Must equal Initial Target Cost amount for CLINs

0002 and 0003, respectively).

2) The CLINs 0002 and 0003 Scope of Work Breakdown items identified in the above tables are for proposal evaluation purposes and shall be used by the Government to determine if the proposed Initial Target Cost is fair and reasonable. The final bid schedule is subject to revisions prior to establishing the final construction price exercised as an option.

00 11 00 - 7

3) Proposal shall include a supporting price breakdown for each Items in the above schedule. Breakdown shall cover all anticipated work involved and a list of assumptions made to develop the Initial Target Cost.

Target Profit shall be calculated separately. The breakdown of your proposal shall be in sufficient detail to permit an analysis of all material quantities and pricing by submitted invoices/quotes. Additional breakdown of your proposal in sufficient detail to permit an analysis of all labor, equipment, subcontract, production rates, parametric estimates (if used), job office overhead, overhead costs, to include General and Administrative expenses, and bond may be requested (as other than certified cost and pricing data) after the initial submission to facilitate the determination of fair and reasonable.

4) Item 0002A is to include Mobilization, Demobilization, Site Restoration, and other work associated with Mobilization and Demobilization.

5) Item 0002B is to include all work associated with the construction and installation of the Bulkhead as shown on the Feasibility Drawings.

6) Item 0002C is to include all work associated with the construction of the Intake Structure as shown on the Feasibility Drawings.

7) Item 0002D is to include the Bulkhead Coffer Dam and Dewatering as described in Section 01 57 00 CARE AND DIVERSION OF WATER and as shown on the plans.

8) Item 0002E is to include all work for emergency mobilization and demobilization as described in Section

01 14 50 EMERGENCY DEMOBILIZATION.

9) Item 0002F is to include all work for O&M manuals as described in Section 01 78 23 OPERATIONS AND MAINTENANCE DATA from preparation to final approval. The dollar amount established in Item 0002E shall not be revised by offerors.

10) Item 0002G is to include all work for Record Drawings as described in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval. The dollar amount established in Item 0002F shall not be revised by offerors.

11) Item 0003A is to include Mobilization, Demobilization, Site Restoration, and other work associated with Mobilization and Demobilization.

12) Item 0003B is to include site improvements including, but not limited to, temporary staging, laydown areas for concrete batching, parking, fabrication, material storage, other construction activities and dredging disposal areas as shown on the Feasibility Drawings.

13) Item 0003C is to include all work associated with the excavation for the entire Fish Passage Facility and associated facilities as shown on the Feasibility Drawings.

14) Item 0003D is to include all work associated with the construction of the Multi-port Collector as shown on the Feasibility Drawings.

15) Item 0003E is to include all work associated with the construction of the Steep Slope Bypass as shown on the Feasibility Drawings.

16) Item 0003F is to include all work associated with the construction of the Tower as shown on the Feasibility Drawings.

17) Item 0003G is to include all work associated with the construction of the Tunnel as shown on the Feasibility Drawings.

18) Item 0003H is to include all work associated with the construction of the Outfall Structure as shown on the Feasibility Drawings.

19) Item 0003I is to include the Fish Passage Facility Dewatering as described in Section 01 57 00 CARE AND DIVERSION OF WATER and as shown on the plans.

20) Item 0003J is to include all work for emergency mobilization and demobilization as described in Section 01

14 50 EMERGENCY DEMOBILIZATION.

21) Item 0003K is to include all work for O&M manuals as described in Section 01 78 23 OPERATIONS AND MAINTENANCE DATA from preparation to final approval. The dollar amount established in Item 0002E shall not be revised by offerors.

00 11 00 - 8

22) Item 0003L is to include all work for Record Drawings as described in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval. The dollar amount established in Item 0002F shall not be revised by offerors.

The price proposal must include completed CLINs 0002 and 0003 Onetime initial target cost and ceiling price EPA Clause tables:

CLIN 0002 ONETIME INITIAL TARGET COST AND CEILING PRICE ADJUSTMENT TABLES

Initial Target Cost UNIT PRICE TABLE; TO BE INCLUDED WITH PRICE PROPOSAL

Structural Steel

Steel (Rebar) Aggregate (Concrete & Fill)

Fly Ash Cement

Unit Price Quantities

CLIN 0002B Bulkhead CLIN 0002C Intake Structure

CLIN 0002D Care and Diversion of Water

Ceiling Price UNIT PRICE TABLE; TO BE INCLUDED WITH PRICE PROPOSAL

Steel (Rebar) Aggregate (Concrete & Fill)

Fly Ash Cement

Unit Price Quantities

CLIN 0002B Bulkhead CLIN 0002C Intake

CLIN 0002D Care and

CLIN 0003 ONETIME INITIAL TARGET COST AND CEILING PRICE ADJUSTMENT TABLES

Initial Target Cost UNIT PRICE TABLE; TO BE INCLUDED WITH PRICE PROPOSAL

Steel (Rebar) Aggregate (Concrete & Fill)

Fly Ash Cement

Unit Price Quantities

CLIN 0003B Site Improvements

CLIN 0003C

Excavation

CLIN 0003D Multi-port Collector

CLIN 0003E Steep Slope Bypass

CLIN 0003F Tower CLIN 0003G Tunnel

00 11 00 - 9

CLIN 0003H Outfall

CLIN 0003I Care and

Ceiling Price UNIT PRICE TABLE; TO BE INCLUDED WITH PRICE PROPOSAL

Steel (Rebar) Aggregate (Concrete & Fill)

Fly Ash Cement

Unit Price Quantities

CLIN 0003B Site Improvements

CLIN 0003C

Excavation

CLIN 0003D Multi-port Collector

CLIN 0003E Steep Slope Bypass

CLIN 0003F Tower CLIN 0003G Tunnel CLIN 0003H Outfall

CLIN 0003I Care and

*Estimated quantities are strictly for the purpose of administrating this clause. This is not for the purpose of variation of estimated quantities, or any other cost/quantity related data as applies to this contract. However, price adjustments to the CLINs 0002 and 0003 Initial Target Cost and Ceiling Price are limited to, at a maximum, the estimated quantities identified here.

END PRICE SCHEDULE

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFEROR

1. Disclosure of the Magnitude of Construction

2. Copies of Solicitation Documents and Amendments

3. Offeror’s Questions and Comments

4. Small Business Size Standard / NAICS Code:

5. Proposal Expenses and Pre-Award Costs

6. Pre-Proposal Site Visit

7. Accuracy in Proposals

8. Electronic Proposal Submission

9. Proof of Bonding

10. Subcontracting Plan

11. Solicitation Provisions

12. “EPA”

W912DW24R0004

1. Disclosure of the Magnitude of Construction:

In accordance with DFARS 236.204(ii) “Disclosure of the Magnitude of Construction Projects,” the magnitude of the project is estimated over $500,000,000.

2. 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://www.SAM.gov under Solicitation Number W912DW24R0004. A list of interested vendors (potential offerors and subcontractors) is available on the web site (registration required) with the solicitation announcement.

It shall be the contractor’s responsibility to check the websites for any amendments. The Offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

3. Offeror’s Questions and Comments:

Bidder Inquiry

I. Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet.

a. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and then click continue.

b. From this page you may view all bidder inquiries or add inquiry.

c. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

d. The Solicitation Number is: W912DW24R0004

e. The Bidder Inquiry Key is: PENDING

II. The Bidder Inquiry System will be unavailable for new inquires 3 business days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

III. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

IV. The call center operates weekdays from 8AM to 5PM

U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

V. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

4. Small Business Size Standard / NAICS Code:

See Section 00 45 00, Provision 52.204-8 for the NAICS code and small business size standard.

5. Proposal Expenses and Pre-Award Costs:

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

6. Pre-Proposal Site Visit:

See Clause 52.236-27 Alt 1 in Section 00 21 00.

7. Accuracy in Proposals:

Proposals must set forth full, accurate, and complete information as required by this RFP (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

8. Electronic Proposal Submission

See Clause 252.215-7012 in Section 00 21 00.

9. Proof of Bonding

Each offeror shall provide a letter or other documentation from a surety appearing on the Dept of Treasury Circular 570 (list of approved sureties) stating that the offeror is able to obtain performance and payment bonds in at least the amount of the total evaluated price appearing on the bid schedule.

10. Subcontracting Plan

Submission Requirements (NOTE: This Requirement only applies to the otherwise successful Offeror if it is other than a Small Business. Other than Small Businesses must also submit a Subcontracting Plan meeting the requirements of FAR 52.219-9 and

DFARS 252.219-7003.

Subcontracting Plans shall reflect and be consistent with the commitments offered in the Small Business Participation Commitment Document. If an Offeror specifically identifies small business subcontractors to support the subject requirement within its SBPCD those small businesses shall be listed in any subcontracting plan submitted pursuant to DFARS PGI 219.705-4.

11. Solicitation Provisions

See the applicable Provisions for this Solicitation in Section 00 21 00 and Section 00 45 00.

12. Use of acronym “EPA” in this solicitation means Economic Price Adjustment, except in provision 52.223-9, where it means Environmental Protection Agency .

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

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

NOV 2021

52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (NOV 2021) - Alternate I

OCT 1997

52.215-2 Audit and Records--Negotiation JUN 2020 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer DEC 2022 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JAN 2023

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022 252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor 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.

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).

(End of provision)

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA (NOV 2021)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial product and commercial service exception. For a commercial product and commercial service exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price (FFP) type contract with Economic Price Adjustment (EPA) utilizing a one-time deviation for Integrated Design and Construction (IDaC) delivery method resulting from this solicitation.

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

7.2% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (DEC

2022)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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 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.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

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.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

Free Trade Agreement country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(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 material, excluding COTS fasteners. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause 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"]

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions 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 does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign 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)(4)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(4)(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 offer of foreign 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)(4)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(4)(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 statute 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 statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) 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)(4)(i) of this clause.

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

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

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

Foreign construction material Domestic construction material Item 2:

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

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

[Include other applicable supporting information.]

(End of clause)

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

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

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

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

(b) An organized site visit has been scheduled for-- PENDING [Insert date and time]

(c) Participants will meet at-- [Insert location]

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):

www.acquisition.gov

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…