A22_W912EE24B0004-0001_Amt No.1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Reference Solicitation Invitation for Bids (IFB) W912EE24B0004, Red River Basin, Bossier Parish, P.L.84-99 Red Chute Bayou Bank Stabilization, RM 199-59, Sites 1-9.

See Continuation Page for Summary of Changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 30-Nov-2023

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912EE24B0004

X 9B. DATED (SEE ITEM 11)

17-Nov-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

30-Nov-2023

CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EE24B0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

SUMMARY OF CHANGES

SUMMARY OF CHANGES

Solicitation No. W912EE24B0004, for Red River Basin, Bossier Parish, P.L.84-99 Red Chute Bayou Bank Stabilization, RM 199-59, Sites 1-9, is amended as follows:

Standard Form (SF) 1442 has been revised and replaced in its entirety.

Bid Opening will remain unchanged at 20 December 2023 @ 02:00 p.m. CST.

SPECIFICATIONS: Notes and Section 00 80 00.00 09 Paragraph 1.2 are revised and replaced.

Specifications revised by this amendment have the notation "Revised by Amendment 0001" at the bottom of the page. Text added by this amendment is shown as underlined. Text deleted by this amendment is shown as overstruck.

*Pages revised by this amendment have the notation “Revised by Amendment 0001” at the bottom of page.

(End of Summary of Changes)

SECTION 00010 - SOLICITATION CONTRACT FORM

The contractor period of performance end 125 has been added.

(End of Summary of Changes)

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

W912EE24B0004

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED

11/30/2023

PAGE OF PAGES

1 280

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

W807PM32863523

6. PROJECT NUMBER

7. ISSUED BY CODE W912EE 8. ADDRESS OFFER TO

SEE SPECIAL NOTICES TO BIDDERS

Vicksburg Contracting Office 4155 Clay ST.

Vicksburg, MS 39183-3435

9. FOR

INFORMATION CALL:

a. NAME

Afton Riles

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

(601) 631-5813

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

Red River Basin, Bossier Parish, P.L.84-99 Red Chute Bayou Bank Stabilization, RM 199-59, Sites 1-9

DESCRIPTION OF WORK: The work consists of furnishing all plant, labor, materials, and equipment, and constructing the PL 84-99 Red Chute Bayou Bank Stabilization at 9 sites on the Red Chute Bayou in Bossier Parish, Louisiana. The principal features of work include mobilization and demobilization, clearing, grubbing, longitudinal peaked stone toe dikes, tiebacks, excavation, backfill, and storm water pollution prevention.

The estimated value of the proposed work is between $1,000,000 and $5,000,000.

11. The contractor shall begin performance within 10 calendar days and complete it within 125 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See Section 00 80 00.00 09 ).

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12b. CALENDAR DAYS

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 14:00 CST (hour) local time 12/20/2023 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

“Revised by Amendment 0001”

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

10 U.S.C. 3204(a) (

27. PAYMENT WILL BE MADE BY

41 U.S.C. 3304(a) (

26. ADMINISTERED BY

VICKSBURG CONTRACTING OFFICE

4155 CLAY STREET

VICKSBURG, MS 39183-3435

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

See Item 14

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

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

NUMBER

DATE

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

SEE SCHEDULE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

AMOUNTS

SEE SCHEDULE OF PRICES

W912EE CODE: 964145

SECTION 00010 – BIDDING SCHEDULE

Red River Basin, Bossier Parish

P.L.84-99 Red Chute Bayou Bank Stabilization RM 199-59, Sites 1-9

ITEM

DESCRIPTION

MOBILIZATION AND DEMOBILIZAITON

EST

QTY

UNIT

JOB

UNIT

PRICE

FOR

AMOUNT

0002 CLEARING AND GRUBBING 1 JOB FOR $

0003 EXCAVATION AND BACKFILL FOR

TRANSVERSE STONE DIKES AND/OR

STONE TIEBACKS DIKES

EA

0004 GRADED STONE “C”-LONGITUDINAL

AND STONE TIEBACKS

16,000

TONS

0005 ENVIRONMENTAL PROTECTION 1 JOB $ $

0006 MOWING AND TURFING 1 JOB $ $

TOTAL $

CLAUSES INCORPORATED BY FULL TEXT

52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

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

Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if--

(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by

41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer,

(v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by--

(A) Incorporation into existing employee manuals or handbooks; and

(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.

(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order.

(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the

Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance;

provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1.

(End of clause)

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Wage Determination 6

LA20230002 Dated 10/20/2023

Attachment 2 Specification 153

Section 00100 - Bidding Schedule/Instructions to Bidders

NOTES

(A) THIS PROCUREMENT IS A TOTAL SMALL BUSINESS SET ASIDE NAICS CODE

237990 WITH A SMALL BUSINESS SIZE STANDARD OF $45,000,000.00

Reference Limitations on Subcontracting FAR 52.219-14. This procurement is 100% Total Small Business Set Aside under NACIS Code 237990 for Red River Basin, Bossier Parish. The awardee of this contract shall comply with all requirements up to and including the following:

Services (except construction): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

Supplies (other than procurement from a nonmanufacturer of such supplies): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

General construction: Contractor will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded.

Construction by special trade contractors: Contractor will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

Upon the Contracting Officer’s request, the Contractor shall submit a report to the Contracting Officer documenting compliance with FAR 52.2l9-l4. If the Contractor is using Similarly Situated Entities, it must be clearly identifiable in the submitted reports. If the required percentage is not being met the Contractor shall also include, with the semiannual report, a plan to meet the required percentage before the contract end date.

The below calculation for FAR 52.219-14 is for example only and not representative of this solicitation or any contract that may be awarded as a result of this solicitation.

“Revised by Amendment 0001”

1. Total value of contract award = $5,000,000.00

2. Cost of materials = $3,000,000.00

3. Adjusted amount (contract award value less cost of materials): $2,000,000.00 ($5,000,000.00 - $3,000,000.00)

4. 85% of $2,000,000.00 may be paid to non-similarly situated entities ($1,700,000.00)

5. 15% of $2,000,000.00 must be paid to a similarity situated entity ($300,000.00)

What is similarly situated and what does it mean for the prime?

i. 1st tier subcontractor that has the same small business program status of the qualified prime contractor (i.e. HUBZone prime contractor, any HUBZone subcontractor is similarly situated).

ii. Any 1st tier subcontracts to similarly situated entities can count towards the prime contractor’s self-performance requirements.

iii. Example: HUBZone Set-Aside Contract, 1st Tier is a HUBZone Small Business subcontractor. This meets the similarly situated requirement and the work performed by the HUBZone subcontractor will count towards the HUBZone prime contractor’s self-performance requirement.

iv. Example: SDVOSB Set Aside Contract, 1st Tier is a WOSB subcontractor only, this does not meet the

“similarly situated” requirement and the WOSB subcontractor performance does not count towards the SDVOSB prime contractor’s self-performance requirement.

Partnering With Us, https://www.usace.army.mil/Business-With-Us/Partnering/, in all solicitation notices posted at the Governmentwide point of entry for construction contracts anticipated to be awarded to a small business pursuant to FAR Part 19 to be in compliance with FAR 36.211(b).

(B) ALL TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS

SOLICITATION ARE TO BE SUBMITTED VIA BIDDER INQUIRY IN PROJECT AT

HTTPS://WWW.PROJNET.ORG/PROJECT. SEE SNTB PAGE ENTITLE “TECHNICAL

INQUIRIES AND QUESTIONS”

(C) Stone tonnage placement rates will increase significantly, for specific stone dike repair sites.

All dike sites with extensive repairs, requiring supplementary plans and specifications, will have the horizontal and vertical control furnished prior to issuance of task order/NTP (Section 01 00

00.0 09, paragraph 1.48 LAYOUT OF WORK

(D) BIDDERS SHALL FURNISH UNIT PRICES FOR ALL ITEMS LISTED ON THE

SCHEDULE OF BID ITEMS WHICH REQUIRE UNIT PRICES. IF THE BIDDER FAILS TO

INSERT A UNIT PRICE IN THE APPROPRIATE BLANK FOR REQUIRED ITEMS BUT

DOES FURNISH AN EXTENDED TOTAL OR AN ESTIMATED AMOUNT FOR SUCH

ITEMS, THE GOVERNMENT WILL DEEM ITS UNIT PRICE TO BE THE QUOTIENT

OBTAINED BY DIVIDING THE EXTENDED ESTIMATED AMOUNT FOR THAT LINE

ITEM BY THE QUANTITY. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE

EXTENDED ESTIMATED AMOUNT FOR ANY ITEM, ITS BID WILL BE DECLARED

NONRESPONSIVE.

(E) ALL QUANTITIES SHOWN ON THE BIDDING SCHEDULE ARE ESTIMATED

QUANTITIES AND ARE PROVIDED ONLY AS A BASIS TO ESTABLISH UNIT PRICES

FOR THE CONTRACT LINE ITEMS. ACTUAL QUANTITIES REQUIRED WILL VARY

BASED UPON THE ACTUAL WORK REQUIRED, AND AS DETERMINED IN THE

FIELD. IT IS EXPRESSLY UNDERSTOOD THAT THE ACCURACY OF ANY

ESTIMATED QUANTITIES IS IN NO WAY WARRANTED AND THAT THIS

INFORMATION WILL NOT RELIEVE A BIDDER FROM THE RESPONSIBILITY TO

ESTIMATE THE QUANTIES INVOLVED. IT IS FURTHER EXPRESSLY UNDERSTOOD

IN NO CASE WILL SUCH ESTIMATED QUANTITIES BE USED AS A BASIS OF A

CLAIM AGIANST THE GOVERNMENT.

(F) IF A BID OR MODIFICATION TO A BID BASED ON UNIT PRICE IS SUBMITTED

WHICH PROVIDES FOR A LUMP SUM ADJUSTMENT TO THE TOTAL ESTIMATED

COST, THE APPLICATION OF THE LUMP SUM ADJUSTMENT TO THE UNIT PRICE IN

THE SCHEDULE MUST BE STATED. IF IT IS NOT STATED, THE BIDDER AGREES

THAT THE LUMP SUM ADJUSTMENT SHALL BE APPLIED ON A PRO RATA BASIS TO

THE UNIT PRICE IN THE BID SCHEDULE.

(G) ALL EXTENSIONS OF THE UNIT PRICE SHOWN WILL BE SUBJECT TO

VERIFICATION BY THE GOVERNMENT. IN CASE OF VARIATION BETWEEN THE

UNIT PRICE AND THE EXTENSION, THE UNIT PRICE WILL BE CONSIDERED TO BE

THE BID.

(H) AWARD WILL BE MADE AS A WHOLE TO THE LOWEST RESPONSIVE,

RESPONSIBLE BIDDER AS MAY BE IN THE BEST INTEREST OF THE GOVERNMENT.

(I) The Contractor should be aware of the additional surveying and submittal requirements for this contract. See Section 01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS, paragraph INITIAL SURVEYS, QUANTITY COMPUTATIONS, AND CONSTRUCTION SURVEYS for more information.

(J) LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFEROR

INELIGIBLE FOR AWARD. SEE CONTRACT CLAUSE 52.204-7 ENTITLED, "SYSTEM

FOR AWARD MANAGEMENT".

(K) THE SF1442, BIDDING SCHEDULE, AND SECTION 00600 (REPRESENTATIONS

AND CERTIFICATIONS) MUST BE ACCURATELY COMPLETED AND RETURNED

WITH YOUR BID OR IT MAY BE REJECTED AS NONRESPONSIVE. AN OFFEROR

MAY ALSO SUBMIT, IN LIEU OF THE COMPLETED SECTION 00600, A COMPLETE

HARD COPY OF THEIR ONLINE REPRESENTATIONS AND CERTIFICATIONS AT

WWW.SAM.GOV. SEE FAR CLAUSES 52.204-7 AND 52.204-8 FOR REQUIREMENT

INFORMATION.

(L) THE NOTICE TO PROCEED (NTP): THE SUCCESSFUL BIDDER IS ADVISED THAT

PERFORMANCE AND PAYMENT BONDS SHALL BE SUBMITTED IN ACCORDANCE

WITH THE TIME FRAME IN BLOCK 12B OF SF1442. WITHIN SEVEN (7) CALENDAR

DAYS AFTER ISSUANCE OF THE NTP, THE CONTRACTOR SHALL INITIATE A

MEETING TO DISCUSS THE SUBMITTAL PROCESS WITH THE AREA OR RESIDENT

ENGINEER OR HIS AUTHORIZED REPRESENTATIVE. PHYSICAL WORK CANNOT

START UNTIL THE ACCIDENT PREVENTION PLAN, CONTRACTOR QUALITY

CONTROL PLAN, AND OTHER SUBMITTALS WHICH MAY BE REQUIRED, HAVE

BEEN SUBMITTED AND APPROVED AND ALL PRELIMINARY MEETINGS CALLED

FOR UNDER THE CONTRACT, HAVE BEEN CONDUCTED.

(M) ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN

ACCORDANCE WITH THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS

SAFETY AND HEALTH REQUIREMENTS MANUAL", DATED NOVEMBER 2014.

(N) THE GOVERNMENT RESERVES THE RIGHT, AS THE INTERESTS OF THE

GOVERNMENT MAY REQUIRE, TO POSTPONE OR DELAY THE DATE AND/OR TIME

SET FOR OPENING BIDS. REVISIONS OR AMENDMENTS TO THE BID OPENING

DATE AND/OR TIME, IF ANY, WILL BE ANNOUNCED BY AMENDMENT OR

AMENDMENTS TO THIS INVITATION FOR BIDS.

GENERAL NOTICE

1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA

AUTHORITY: Flood Control Acts of 1928 (Section 1); 1936 (Section 1); 1938 (Section 4);

1941 (Section 3); 1944 (Section 10); 1962 (Section 203); 1965 (Section 201, 204); 1966 (Section 202, 203); and 1970 (Section 207) Further Continuing and Security Assistance Appropriations Act, 2017.

APPROPRIATION: 3125 (Flood Control & Coastal Emergency)

FUNDING CITATION: 96X3125

2. NEGOTIATIONS AFTER SEALED BIDDING.

The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation. Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government, the following steps will be followed:

(a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number. The amendment will also make any necessary changes to the scope of the work.

(b) A cover letter signed by the negotiator will accompany the amendment explaining the procedures to be followed during negotiations.

3. BID, PERFORMANCE AND PAYMENT BONDS.

A bid bond is required with the bid package and is to be executed on Standard Form SF24.

Performance and payment bonds with be required after award. See Section 00700, Contract Clauses 52.228-1, BID GUARANTEE and 52.228-15, PERFORMANCE AND PAYMENT

BONDS -- CONSTRUCTION

4. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS.

The right is reserved, as the interest of the Government may require, to revise or amend the specifications and/or drawings prior to the date set for opening bids. Such revisions or amendments, if any, will be announced by amendment or amendments to this Invitation for Bids.

Copies of such amendments as may be issued will be furnished to all prospective bidders. If the revision or amendments are of a nature which require material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the District Engineer will enable bidders to revise their bids. In such case, the amendments will include an announcement of the new date for opening bids.

5. BUSINESS INTEGRITY.

The apparent successful bidder as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

6. CONDITIONS AFFECTING THE WORK.

Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications, or related documents.

7. BIDDER'S QUALIFICATIONS.

A determination of contractor responsibility will be made. A determination of non-responsibility may be cause for the rejection of a prospective contractor's bid. In accordance with FAR 9.104-1

- General Standards, before a bid is considered for award, the bidder shall be requested by the Government to submit a statement regarding their previous experience in performing comparable work, their business and technical organization, financial resources, the plant available to be used in performing the work and/or other information necessary to make the determination of contractor responsibility.

8. SITE OF THE WORK.

Bidders are advised that for purpose of applicability of the Davis-Bacon Act and other contract labor standard provisions, "the site of the work" under the contract to be awarded pursuant to this Invitation may not be limited to the physical place(s) where the construction called for in the contract will remain when work on it has been completed. The "site of the work" may include other adjacent or nearby property used by the Contractor or Subcontractors during such construction. For example, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., will be considered part of the site of the work provided they are dedicated exclusively or nearly so to performance on the contract and are so located in proximity to the actual construction location that it would be reasonable to include them.

9. INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND

BONDS.

a. Specifications, Bidding Schedule, Pre-award Information/Description of Work/Bid Evaluation, Equipment Schedule, Construction Contract Clauses, and Wage Determination Decisions of the Secretary of Labor, are parts of this Invitation.

b.(1) An offeror (bidder) electing to use individual sureties for either bid guarantees or performance and payment bonds must submit, concurrently with the bonds and required affidavits, a statement of both the business and personal names of the persons and/or brokerages firms through whom the bonds or the guarantees were obtained, together with the address and telephone number of the persons and/or brokerage firms.

(2) Offerors or bidders should note that some individual sureties and brokers of individual sureties have been debarred or suspended from offering themselves or others as sureties to the Government. Offerors or bidders are responsible for ascertaining the current status of their sureties and brokers.

(3) Failure to provide the required information or the submission of bid guarantees obtained from debarred or suspended sureties or brokers may cause rejection of the offer (bid).

10. DEFINITIONS

(a) The term "head of the agency" or "Secretary" as used herein means the Secretary of the Army; and the term "his duly authorized representative" means the Chief of Engineers, Department of the Army, or an individual or board designated by him.

(b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(c) The agency board of contract appeals having jurisdiction over all appeals from final decisions of the Contracting Officer under the Contract Disputes Act of l978 is the Armed Services Board of Contract Appeals, addressed as follows: Recorder, Armed Services Board of Contract Appeals, Skyline 6, 7th Floor, 5109 Leesburg Pike, Falls Church, Virginia 22041-3208.

(d) "Small business concern" means a concern including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.

11. Size Standards for Construction and Special Trades.

(a) Construction. A concern is small if its average annual receipts for its preceding 3 fiscal years did not exceed $45 million.

(b) Dredging. A concern is small if (1) its average annual receipts for its preceding 3 fiscal years did not exceed $30 million, and (2) at least 40 percent of the yardage in the contract's plans and specifications is dredged with equipment owned by the concern or obtained from another small business dredging concern.

SPECIAL NOTICES

1. Bids shall be mailed to the Vicksburg district headquarters building, room 120, 4155 clay street, Vicksburg, Mississippi 39183-3435. Bids sent by commercial carrier shall be clearly marked on the outer envelope as containing a “sealed bid”. Bids must be received prior to the exact time set for bid opening.

Bids may also be submitted by hand at the Vicksburg district headquarters building lobby (4155 clay street, Vicksburg, MS) on the day of bid opening "only" and may not be submitted sooner than (2) hours prior to the time of the scheduled bid opening. Bidders will only have access to the main lobby. You must enter, hand off your bid package to a representative of the Vicksburg contracting office. Prior to opening of bids, bidders attending in person will be escorted to the bid opening room.

No electronic receipt of bids will be allowed for this invitation for bids.

The bid opening may be viewed online through “youtube live at the below link;

https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw

Users should stay on the home page. Once the live stream starts, a new streaming video section will appear above all the existing videos and it will say “live” on the bottom right corner. Users may need to refresh the page to make that section appear and for the video to start playing.

The youtube live link may also be found by going to the USACE Vicksburg district web page;

HTTPS://WWW.MVK.USACE.ARMY.MIL/click “business with us” and then “contracting” where the link will be available under “bid openings”.

2. Sealed bids for the work described herein will be received until date and time of bid opening.

3. Your attention is directed to section 00100-bid schedule/instructions to bidders’ clause 52.214- 5 entitled “submission of bids”. It is the bidder’s responsibility to ensure that bids sent by commercial carrier are clearly identified as containing a sealed bid on the outermost envelope.

This includes, but is not limited to, bids sent via: Federal Express, Express Mail - U.S. Postal Service, or United Parcel Service.

5. Note the affirmative action requirement of the equal opportunity clause which may apply to the contract resulting from this solicitation.

6. Note the affirmative action requirement of the contract clause entitled, “affirmative action compliance requirements for construction”, which will apply to the contract resulting from this solicitation.

7. See section 00 80 00.00 09, special contract requirements, clause entitled “commencement, prosecution, and completion of work”.

8. See section 01 00 00.00 09, general contract requirements clause, entitled, “payment invoices” which will apply to the contract resulting from this solicitation. The federal acquisition regulation requires that the “remit to” address of the invoice match the “remit to” address on the contract or a proper notice of assignment.

9. In accordance with FAR 42.1502(e), Past performance evaluations shall be prepared for each construction contract of $750,000 or more, and for each construction contract terminated for default regardless of contract value. Past performance evaluations may also be prepared for construction contracts below $750,000. Past performance evaluations will be prepared by the MVK at least annually and at the time the work under a contract or order is completed and will be entered into the Contractor Performance Assessment Reporting System (CPARS), the Governmentwide evaluation reporting tool for all past performance reports on contracts located at http://www.cpars.gov/

10. Electronic Funds Transfer (EFT)

All vendor direct deposit and Electronic Funds Transfer (EFT) information must be entered/maintained in the System for Award Management (SAM) located at www.SAM.gov.

UFC Form 23, previously required for direct deposits/EFT payments by the Vicksburg District (MVK) is obsolete. To receive direct deposits/EFT payments, routing and banking information must be entered and maintained in the SAM. Failure to update/maintain this information in the SAM will result in vendors receiving payments via Treasury checks distributed by U.S. mail.

The below links are provided for your information.

How do I update the banking information on my Sam.gov entity registration?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=003e5979dbe1259494439f95f39 619cd

What is an Electronic Funds Transfer (EFT) indicator and how do I create one?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=83629ecadb69e99494439f95f396

If you have further questions, please visit the Federal Service Desk (FSD) at www.FSD.gov.

11. Bids will not be accepted, nor shall bids be withdrawn electronically or by telephone.

Prior to bid opening, in accordance with federal acquisition regulation part 14.303 (b) modification or withdrawal of bids, “a bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening of bids, the identity of the person requesting withdrawal is established and that person signs a receipt for the bid."

The following steps will be required by the Vicksburg Contracting Office:

1. Contractor must present a letter verifying they are a representative of the company.

2. Contractor must show valid, government issued picture id.

3. Vicksburg district contracting office will have the representative sign a receipt for bid.

12. Technical inquiries and questions all questions must be submitted via ProjNet.

Technical inquiries and questions relating to this solicitation are to be submitted via bidder inquiry in ProjNet at (https://www.projnet.org). Bidders are encouraged to submit questions 5 days prior to bid opening to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. To submit and review inquiry items, prospective vendors will need to use the bidder inquiry key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

All timely questions and approved answers will be made available through ProjNet.

The solicitation number is: W912EE24B0004

The bidder inquiry key is: Z2K9SR-FC5JA5

Specific instructions for ProjNet bid inquiry access:

1. From the ProjNet home page linked above, click on quick add on the upper right side of the screen.

2. Identify the agency. This should be marked as USACE.

3. Key. Enter the bidder inquiry key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your first name, last name, company, city, state, phone, email, secret question, secret answer, and time zone. Make sure to remember your secret question and answer as they will be used from this point on to access the ProjNet system.

7. Click add user. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific instructions for future ProjNet bid inquiry access:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your secret question and secret answer to log in.

2. From the ProjNet home page linked above, click on quick add on the upper right side of the screen.

3. Identify the agency. This should be marked as USACE.

4. Key. Enter the bidder inquiry key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click continue. A page will then open asking you to enter the answer to your secret question.

7. Enter your secret answer and click login. Once this is completed you are now logged into the system.

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 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 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 2020)

(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract.

(c) Certified cost or pricing data. If the Contractor has been required to submit certified cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the certified cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to--

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General. (1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of…