B.08.Revised SF1442_Solicitation Amendment - W912EE25BA009-0001_Corrected.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

Created On:

24 Jul 2025, 15:57 PM Central Daylight Time

W912EE25BA009 July 24, 2025 1 162

PAN 4409

W07V ENDIST VICKSBURG

KO CONTRACTING DIVISION, 4155 CLAY STREET

VICKSBURG, MS 39183-3435

UNITED STATES

AMY STARKS, EMAIL: AMY.L.STARKS@USACE.ARMY.MIL TELEPHONE: 601-631-

W912EE

W07V ENDIST VICKSBURG

KO CONTRACTING DIVISION, 4155 CLAY STREET

VICKSBURG, MS 39183-3435

UNITED STATES

AMY STARKS 601-631-5693

PROJECT TITLE: STOPLOG SLOT CONSTRUCTION OUACHITA RIVER, THATCHER LOCK AND DAM, CALION, ARKANSAS

PROJECT LOCATION: CALION, ARKANSAS

THE WORK CONSISTS OF FURNISHING ALL PLANT, LABOR, MATERIALS, AND EQUIPMENT, FOR MOBILIZATION AND DEMOBILIZATION; COFFERDAMS AND DEWATERING; CONSTRUCTION OF THE NEW STOPLOG SLOTS AND ASSOCIATED WORK, INCLUDING DEMOLITION, CONCRETE WORK, BULKHEAD SLOT ARMOR, BULKHEAD SILL BEAM, HANDRAILS, MISCELLANEOUS METALS, AND PAINTING; AND ENVIRONMENTAL PROTECTION.

IN ACCORDANCE WITH FAR 36.204(F) DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS, THE ESTIMATED PRICE RANGE OF THIS PROJECT IS

BETWEEN $5,000,000 AND $10,000,000.

10 210

FAR 52.211-10

1 02:00 PM

27 AUG 2025

"Revised by Amendment 0001"

AWARD (To be completed by Government)

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

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

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section 00 00 00 - Procurement and Contracting Requirements

Stoplog Slot Construction Ouachita River, Thatcher Lock and Dam, Calion, Arkansas.

STOPLOG SLOT CONSTRUCTION OUACHITA RIVER THATCHER LOCK AND DAM CALION,

ARKANSAS

Bid Package Requirements

Bidders Shall Submit with their Bid Package:

1) A Complete and Signed SF-1442 with Amendments Acknowledged.

2) A Complete Bid Schedule, with the Bidders Unit Price, and Total Line Item Bid $ Amounts.

3) A Complete Contractor Information Sheet, with The Total Summation $ Amount of the Bid, and other required bidder identification information.

4) The Bidder's Original Bid Guarantee (Ref Clause 52.228-1 Bid Guarantee).

5) Other than Small Businesses must also submit a Subcontracting Plan meeting the requirements of FAR 52.219-9 and DFARS 252.219-4003 (or DFARS 252.219-7004 if the offeror has a comprehensive subcontracting plan). Reference the attachment DOD Checklist for Reviewing Subcontracting Plans.

6) An accurately completed copy of the Bidders Representations and Certifications (Ref. FAR Clause 52.204-8 Annual Representations and Certifications for required information).

In lieu of the completed FAR 52.204-8 Offeror Representations and Certifications, the bidder may certify in their bid package that their Online Representations and Certifications are available electronically at www.sam.gov. (Ref. FAR Clause 52.204-7 System for Award Management).

ITEM DESCRIPTION

EST

QTY U/M UNIT PRICE AMOUNT

MOBILIZATION AND

DEMOBILIZATION 1 JOB FOR $

0002 COFFERDAM AND DEWATERING 1 JOB FOR $

STOPLOG SLOTS AND

ASSOCIATED WORK 1 JOB FOR $

$TOTAL BID

BID SCHEDULE

STOPLOG SLOT CONSTRUCTION

OUACHITA RIVER

THATCHER LOCK AND DAM CALION,

ARKANSAS

Section 00 20 00 - Instructions for Procurements

CONTRACTOR INFORMATION SHEET

TOTAL BID AMOUNT: $_________________________________________________________________________________

CONTRACTOR'S ADDRESS: __________________________________________________________________________________

CAGE CODE: __________________________________________________________________________________

UEI NUMBER: __________________________________________________________________________________

POINT OF CONTACT: __________________________________________________________________________________

TELEPHONE NUMBER: __________________________________________________________________________________

EMAIL: __________________________________________________________________________________

DATE: _________________________________________________________________________________

Section 00 01 15 - List of Drawing Sheets

List of Attachments

Identifier Attachment Name Attachment Description

Reference Identifier Date Line

Item # Of Pages

Provided Under Separate Cover

Davis Bacon Wage Determination_AR20250043_1.

3.25

Wage Determination

Davis Bacon Wage Deter mination AR 20250043

Jul

5 No

0003 Drawings Drawings Drawings_

W912EE25

BA009

Jul

16 No

0004 ATTACHMENT Pages Four (4) Attachment Pages

Attachment Pages

Jul

6 No

DoD Checklist for Reviewing Subcontracting Plans (July 2024)_Revised Final

DoD Checklist for Reviewing Subcontracting Plans

DoD Checklist for Reviewing S ubcontractin g Plans

Jul

13 No

0006 A.02.PUBLISH Specification Jul

210 No

0007 Bid Schedule Specification Jul

1 No

Section 00 21 00 - Instructions

Instructions to Bidders:

*NOTES:

(A) Reference Limitations on Subcontracting FAR 52.219-14. This procurement is under NACIS Code 237990 -Unrestricted Other Heavy and Civil Engineering Construction. The small business size standard is $45,000,000. The awardee of this contract shall comply with all requirements up to and including the following:

Services (exceptconstruction): 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 subcontractamount that cannot be exceeded. When a contract includes both services andsupplies, 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 theGovernment for contract performance, excluding the cost of materials, tosubcontractors that are not similarly situated entities. Any work that asimilarly situated entity further subcontracts will count towards the primecontractor's 50 percent subcontract amount that cannot be exceeded. When acontract includes both supplies and services, the 50 percent limitation shallapply only to the supply portion of the contract.

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

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

Upon the Contracting Officer's request, the Contractor shall submit a report tothe Contracting Officer documenting compliance with FAR 52.219-l4. If theContractor is using Similarly Situated Entities, it must be clearlyidentifiable in the submitted reports.

If the required percentage is not beingmet the Contractor shall also include, with the semiannual report, a plan tomeet the required percentage before the contract end date.

The below calculation for FAR 52.219-14 is for example only and notrepresentative of this solicitation or any contract that may be awarded as aresult of this solicitation.

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 ofthe qualified prime contractor (i.e. HUBZone prime contractor, any HUBZonesubcontractor is similarly situated).

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

iii. Example: HUBZone Set-Aside Contract, 1st Tier is a HUBZone Small Businesssubcontractor. This meets the similarly situated requirement and the workperformed by the HUBZone subcontractor will count towards the HUBZone primecontractor'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 WOSBsubcontractor performance does not count towards the SDVOSB prime contractor'sself-performance requirement.

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

(B) Alltechnical inquiries and questions relating to this solicitation are to besubmitted via bidder inquiry in ProjNet at https://www.projnet.org/project. Seespecial notices to bidder's page entitled "Technical Inquiries andQuestions"

(C) Biddersshall furnish unit prices for all items listed on the schedule of bid itemswhich require unit prices. If the bidder fails to insert a unit price in theappropriate blank for required items but does furnish an extended total or anestimated amount for such items, the Government will deem the unit price to bethe quotient obtained by dividing the extended estimated amount for that lineitem by the quantity. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDEDESTIMATED

AMOUNT FOR ANY ITEM, THE BID WILL BE DECLARED NONRESPONSIVE.

(D) Allquantities shown on the BIDDING SCHEDULE are estimated quantities except whenthe unit of measure is shown as "job" or "each".

(E) If a bid ormodification to a bid based on unit price is submitted which provides for alump sum adjustment to the total estimated cost, the application of the lumpsum adjustment to the unit price in the schedule must be stated. If it is notstated, the bidder agrees that the lump sum adjustment shall be applied on apro rata basis to the unit price in the Bid Schedule.

(F) Allextensions of the unit price shown will be subject to verification by theGovernment. In case of variation between the unit price and the extension, theunit price will be considered to be the bid.

(G) Award willbe made, as a whole to the lowest responsive, responsible bidder as may be inthe best interest of the Government.

(H) Thecontractor should be aware of the additional surveying requirements for thiscontract. See Section 01 00 00.00 09 for more information.

(I) THE NOTICE TO PROCEED (NTP): The successful bidder is advisedthat performance and payment bonds shall be submitted in accordance with thetime frame in block 12B of SF1442. The NTP will be issued immediately afterverification of acceptable performance and payment bonds. Within seven (7)calendar days after issuance of the NTP, the Contractor shall initiate ameeting to discuss the submittals process with the Administrative ContractingOfficer (ACO), or the Contracting Officer's Representative (COR), or theirauthorized representative. Physical work cannot start until the AccidentPrevention Plan, Contractor Quality Control Plan, and other submittals whichmay be required, have been submitted and approved and all preliminary meetingscalled for under the contract, have been conducted. The contract performanceduration has been determined as stated in the specifications and includessufficient time for the preparation, submittal and approval of all pre-workdocuments and all Pre-Construction conferences required prior to commencementof work on site.

(J) Lack of registration in the www.SAM.gov database will make an offeror ineligible foraward. See contract clause 52.204-7 entitled, "system for awardmanagement".

(K) The SF-1442,Bidding Schedule, and Bidder Representations and Certifications must beaccurately completed and returned with your bid, or it may be rejected asnonresponsive. An offeror may also submit, in lieu of the completed FAR Clause52.204-8 Representations and Certifications, certifications with their bidpackage that their online Representations and Certifications from www.sam.gov.See FAR Clauses 52.204-7 is available.

(L) All workunder these specifications shall be performed in accordance with the mostrecent provisions of EM 385-1-1 "Corps of Engineers Safety and HealthRequirements Manual", dated 15-March-2024.

(M)Thegovernment 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 oramendments to the bid opening date and/or time, if any, will be announced byamendment or amendments to this invitation for bids.

*GENERALNOTICES:

1. AUTHORITY& APPROPRIATION INFORMATION PROGRAM DATA

AUTHORITY: River and Harbor Act of 1950 as modified by River and Harbor Act of1960

APPROPRIATION: Operations and Maintenance under Infrastructure Investment andJobs Act, 2024, PL 117-58B

FUNDING CITATION: 96 X 3123

2. NEGOTIATIONS AFTER SEALED BIDDING.

The Government has the option to reject all bids received in response to thesealed bid advertisement and initiate negotiation.

Negotiations will includesoliciting offers from each responsible bidder that submits a bid in responseto the Invitation for Bids.

If, after bid opening, the Contracting Officerdetermines that negotiations are in the best interest of the Government, thefollowing steps will be followed:

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

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

3. BID, PERFORMANCE AND PAYMENT BONDS.

A bid guarantee/bond is required with the bid package and is to be executed onStandard 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 reviseor amend the specifications and/or drawings prior to the date set for openingbids. Such revisions or amendments, if any, will be announced by amendment oramendments to this Invitation for Bids. Copies of such amendments as may beissued will be furnished to all prospective bidders. If the revision oramendments are of a nature which require material changes in quantities orprices bid or both, the date set for opening bids may be postponed by suchnumber of days as in the opinion of the District Engineer will enable biddersto revise their bids. In such case, the amendments will include an announcementof the new date for opening bids.

5. BUSINESS INTEGRITY.

The apparent successful bidder as a condition for award of any contractresulting from this solicitation may be required to execute a certificaterelated to Business Integrity.

6. CONDITIONS AFFECTING THE WORK.

Bidders should visit the site and take such other steps as may be reasonablynecessary to ascertain the nature and location of the work, and the general andlocal conditions which can affect the work or the cost thereof. Failure to doso will not relieve bidders from responsibility for estimating properly thedifficulty or cost of successfully performing the work. The Government willassume no responsibility for any understanding or representations concerningconditions made by any of its officers or agents prior to the execution of thecontract, unless included in the Invitation for Bids, the specifications, orrelated documents.

7. BIDDER'S QUALIFICATIONS.

A determination of contractor responsibility will be made. A determination ofnon-responsibility may be cause for the rejection of a prospective contractor'sbid. In accordance with FAR 9.104-1 - General Standards, before a bid isconsidered for award, the bidder may be requested by the Government to submit astatement regarding their previous experience in performing comparable work,their business and technical organization, financial resources, the plantavailable to be used in performing the work and/or other information necessaryto make the determination of contractor responsibility.

8. SITE OF THE WORK.

Bidders are advised that for purpose of applicability of the Davis-Bacon Actand other contract labor standard provisions, "the site of the work"under the contract to be awarded pursuant to this Invitation may not be limitedto the physical place(s) where the construction called for in the contract willremain when work on it has been completed. The "site of the work" mayinclude other adjacent or nearby property used by the Contractor orSubcontractors during such construction. For example, fabrication plants, mobilefactories, batch plants, borrow pits, job headquarters, tool yards, etc., willbe considered part of the site of the work provided they are dedicatedexclusively or nearly so to performance on the contract and are so located inproximity to the actual construction location that it would be reasonable toinclude them.

9. INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND BONDS.

a. Specifications, Bidding Schedule, Pre-award Information/Description ofWork/Bid Evaluation, Equipment Schedule, Construction Contract Clauses, andWage Determination Decisions of the Secretary of Labor, are parts of thisInvitation for bids.

b.(1) An offeror (bidder) electing to use individual sureties for either bidguarantees or performance and payment bonds must submit, concurrently with thebonds and required affidavits, a statement of both the business and personalnames of the persons and financial institution through whom the bonds or theguarantees are held, together with the address and telephone number of the personsand/or financial institution authorized to commit the surety.

(2) Offerors or bidders should note that some individual sureties have beendebarred or suspended from offering themselves or others as sureties to theGovernment. Offerors or bidders are responsible for ascertaining the currentstatus of their sureties.

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

10. DEFINITIONS

(a) The term "head of the agency" or "Secretary" as usedherein means the Secretary of the Army; and the term "his duly authorizedrepresentative" means the Chief of Engineers, Department of the Army, oran individual or board designated by him.

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

(c) The agency board of contract appeals having jurisdiction over all appealsfrom final decisions of the Contracting Officer under the Contract Disputes Actof l978 is the Armed Services Board of Contract Appeals, addressed as follows:Recorder, Armed Services Board of Contract Appeals, Skyline 6, 7th Floor, 5109Leesburg 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 ofoperation in which it is bidding on Government contracts, and qualified as asmall 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 itspreceding 3 fiscal years did not exceed $45 million.

*SPECIALNOTICES:

1. Bids shall be mailed to the Vicksburg District Headquarters Building, Room120, 4155 Clay Street, Vicksburg, Mississippi 39183-3435. Bids sent bycommercial carrier shall be clearly marked on the ascontaining a "Sealed Bid". Bidsouter envelope must be received prior to the exacttime set for bid opening.

Bids may also be submitted by hand at the Vicksburg district headquartersbuilding lobby (4155 Clay Street, Vicksburg, MS) on the day of bid opening, andmay not be submitted sooner than (2) hours prior to the time of the scheduledbid opening. Bidders will only have access to the main lobby. You must enter,hand off your bid package to a representative of the Vicksburg ContractingOffice. Prior to opening of bids, bidders attending in person will be escortedto 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 belowlink;

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

Users should stay on the home page. Once the live stream starts, a newstreaming video section will appear above all the existing videos, and it willsay "live" on the bottom right corner. Users may need to refresh thepage 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 Vicksburgdistrict web page; HTTPS://WWW.MVK.USACE.

ARMY.MIL/click"business with us" and then "contracting" where the linkwill be available under "bid openings".

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

3. Your attention is directed to section 00100-bid schedule/instructions tobidders' clause 52.214-5 entitled "submission of bids".

It is thebidder's responsibility to ensure that bids sent by commercial carrier areclearly identified as containing a sealed bid on the outermost envelope. Thisincludes, but is not limited to, bids sent via: Federal Express, Express Mail -U.S. Postal Service, or United Parcel Service.

4. Note the affirmative action requirement of the equal opportunity clausewhich may apply to the contract resulting from this solicitation.

5. See section 00 80 00.00 09, special contract requirements, clause entitled"commencement, prosecution, and completion of work".

6. See section 01 00 00.00 09, general contract requirements clause, entitled,"payment invoices" which will apply to the contract resulting fromthis 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.

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

8. ElectronicFunds Transfer (EFT)

All vendor direct deposit and Electronic Funds Transfer (EFT) information mustbe entered/maintained in the System for Award Management (SAM) located atwww.SAM.gov. UFC Form 23, previously required for direct deposits/EFT paymentsby the Vicksburg District (MVK) is obsolete. To receive direct deposits/EFTpayments, routing and banking information must be entered and maintained in theSAM. Failure to update/maintain this information in the SAM will result invendors receiving payments via Treasury checks distributed by U.S. mail. Thebelow 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=003e5979dbe1259494439f95f39619cd

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=83629ecadb69e99494439f95f3961958 If you have furtherquestions, please visit the Federal Service Desk (FSD) at www.FSD.gov.

9. Bids will not be accepted, nor shall bids be withdrawnelectronically or by telephone.

Prior to bid opening, in accordance with federal acquisition regulation part14.303 (b) modification or withdrawal of bids, "a bid may be withdrawn inperson by a bidder or its authorized representative if, before the exact timeset for opening of bids, the identity of the person requesting withdrawal isestablished 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 thecompany.

2. Contractor must show valid, government issued Picture ID.

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

10. All Technical inquiries and questions related to this solicitation shall besubmitted via ProjNet.

Technical inquiries and questions relating to this solicitation are to besubmitted via bidder inquiry in ProjNet at (https://www.

projnet.org). Biddersare encouraged to submit questions 5 days prior to bid opening to ensureadequate time is allotted to form an appropriate response and amend thesolicitation, if necessary. To submit and review inquiry items, prospectivevendors will need to use the bidder inquiry key presented below and follow theinstructions listed below the key for access. A prospective vendor who submitsa comment /question will receive an acknowledgement of their comment/questionvia email, followed by an answer to the comment/question after it has beenprocessed by our technical team.

All timely questions and approved answers will be made available throughProjNet.

The solicitation number is: W912EE25BA009

The bidder inquiry key is: 539ZAF-CP7UEK

Specific instructions for ProjNet bid inquiry access:

1. From the ProjNet home page linked above, click on quick add on the upperright 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 notfound and will ask you to create one using the provided form.

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

7. Click add user. Once this is completed you are now registered within ProjNetand 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 upperright 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 yoursecret question.

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

11. Tax on Foreign Purchases FAR provision 52.229-11 and FAR clause 52.229-12 FAR provision 52.229-11 and FAR clause 52.229-12 are included in thissolicitation. This provision and clause concern the imposition of a 2 percentFederal excise tax withholding on any resultant contract award or paymentrequest. This rule applies to Federal Government contracts for goods orservices that are awarded to foreign persons - such as foreign contractors.

Itimplements the Department of the Treasury's final regulations published in theFederal Register at 81 FR 55133 on August 18, 2016, under section 5000C of theInternal Revenue Code relating to the 2 percent tax on payments made by theU.S. Government to foreign persons pursuant to certain contracts. Pursuantto the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26U.S.C. 5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits,with its offer, a U.S. Department of Treasury Internal Revenue Service (IRS)Form W-14, Certificate of Foreign Contracting Party Receiving FederalProcurement Payments, available via the internet at www.irs.gov/W14. If notsubmitted with the offer, exemptions will not be applied to any resultingcontract and the Government will withhold a full 2 percent on each contractpayment. Failure to submit an IRS Form W- 14 with each payment request will alsoresult in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used tocomplete Part I, Lines 6 and 7.

Line 6 Contract/reference number: [W912EE25BA009] Line 7 "Name and address of the acquiring agency": [USACE, VicksburgDistrict, 4155 Clay Street, Vicksburg MS. 39183]

Any exemption claimed and self-certified is subject to audit by the IRS. Anydisputes concerning this tax are adjudicated by the IRS because the Section5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals foradvice concerning the provision, clause, and exclusions exclusion/submission ofIRS Form W-14. Additional information is also available at:

Notwithstandingthe above, the USACE does not have a means of withholding this excise tax atthis time. As a result, contractors are expected to comply with theinstructions above and to properly complete and return the W-14 at proposalsubmission, and with each pay application. Whether the contractor sets themoney aside for future payment to the IRS, or makes payment to the IRS, is thecontractor's discretion, based on its analysis of the regulations regarding theexcise tax. In the event that USACE is able to withhold during contractperformance, it will notify the contractor and make such a withholding(including any catch up withholdings); no advance notice is required to thecontractor prior to the withholding. Under no circumstances is USACE liable forany tax not paid by the contractor. The contractor is liable for the tax, tothe extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that "[a]gencies merely withhold the tax(section 5000C tax) for the Internal Revenue Service (IRS).

All substantiveissues regarding the underlying section 5000C tax, e.g., the imposition of, andexemption from the tax, are matters under the jurisdiction of the IRS."Therefore, we cannot help you determine how the tax law applies to you. Westrongly recommend that you contact the IRS and/or a tax professional shouldyou have any questions of this nature. To be clear, this information does notconstitute tax advice or a representation of your tax liability. Furnishingthis information does not create liability for the USACE for any Federal,state, or local taxes applicable to the above-referenced contract or any othercontract.

For submission requirements and basis of evaluation:

Executed FAR Provision 52.229-11.

Completed IRS Form W-14, Certificate of Foreign Contracting Party ReceivingFederal Procurement Payments, if applicable. If not submitted with the offer,exemptions will not be applied to any resulting contract and the Governmentwill withhold a full 2 percent on each payment.

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts:

In addition to complying with the requirements outlined in FAR Part 22.13,FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS222.13 and Department of Labor regulations, U.S. Army Corps ofEngineers (USACE) contractors and subcontractors at all tiers areencouraged to promote the training and employment of U.S. veterans whileperforming under a USACE contract. While no set-aside, evaluationpreference, or incentive applies to the solicitation or performance underthe resultant contract, USACE contractors are encouraged to seek outhighly qualified veterans to perform services under this contract.The following resources are available to assist USACE contractors in theiroutreach efforts:

- U.S. Department of Labor Veterans' Employment and Training Service (VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

*Army Contract Writing System (ACWS) Transition Information for Contractors.

a. The Department of the Army is in the processof deploying a new solicitation and contract writing software application toArmy contracting offices worldwide. Known as the Army Contract Writing System(ACWS), this modern software application will replace most existing Armycontract writing systems, including the system used to create and release thisContract.

b. During this transition period, Contractors arehereby advised:

1. The Contracting Office may use any combinationof contract writing systems to generate distributable copies of this contractduring its period of performance, as well as any subsequent modifications ororders (if applicable). As a result:

i. Subsequent documents you receive may appearnoticeably different than the original award or previous contractual documentsfrom the same Contracting Office.

ii. A change between contract writing systems maycause important information concerning contract terms and conditions to take ondifferent formatting or appear in different parts of later documents issued.

iii. Contractors shall ensure Customer RelationshipManagement (CRM) systems and personnel interacting with this contract areprepared to identify and respond appropriately to differences between documentversions.

2. The Government does not intend to use theshift between contract writing systems to effect any changes to Contract termsand conditions. Therefore:

i. Contractors should view changes to terms orconditions between document versions as system-generated and potentiallyerroneous unless accompanied by narrative(s) designating such changes asdeliberate and desired.

ii. Contractors shall inform the ContractingOfficer listed on the first page of the most recent document issued forguidance regarding any suspected or observed inadvertent or system-generatedchanges (i.e., noticing something missing in a new conformed copy).

iii. The Government will correct any inadvertent orsystem-generated changes, additions, or omissions discovered by either party,via bilateral modification, at no cost to the Contractor.

iv. The terms and conditions contained in thelatest document reflecting deliberate action by the Contracting Officer (i.e.,the last conformed copy of the award not affected by the observed issue) willtake precedence until the problems are corrected.

3. In the unlikely event award information iscorrupted or mutilated during system migration and replacement or re-issuanceof this contract is necessary for continued contract administration, theContracting Officer will:

i. Issue a continuation contract in accordancewith DFARS 204.1601(c) and DFARS PGI 204.1601(c), carrying over all terms andconditions from the last-known version of this contract to accurately reflectmutual agreement of the parties.

ii. Incorporate the last-known version of thiscontract to accurately reflect mutual agreement of the parties as an attachmentto the replacement or continuation contract for future reference.

iii. Ensure any such reissuance or continuance is properly reported to preserve the integrity of Contractor performance measurement data, if any (i.e., FAPIIS, CPARS).

FAR Clauses Incorporated by Full Text

52.204-7 System for Award Management. (Nov 2024)

System for Award Management (Nov 2024)

(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 at time of award (see FAR clause 52.204-13, System for Award Management Maintenance, for the requirement to maintain SAM registration during performance and through final payment).

(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 the 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://ww.sam.gov for information on registration.

(End of provision)

52.204-16 Commercial and Government Entity Code Reporting. (Aug 2020)

Commercial and Government Entity Code Reporting (Aug 2020)

(a) Definition. 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.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via-

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of provision)

52.204-22 Alternative Line Item Proposal. (Jan 2017)

Alternative Line Item Proposal (Jan 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.214-3 Amendments to Invitations for Bids. (Dec 2016)

Amendments to Invitations for Bids (Dec 2016)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b)

(1) Bidders shall acknowledge receipt of any amendment to this solicitation-

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.

(End of provision)

52.214-4 False Statements in Bids. (Apr 1984)

False Statements in Bids (Apr 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C.1001.

(End of provision)

52.214-5 Submission of Bids. (Dec 2016)

Submission of Bids (Dec 2016)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means)-

(1) Addressed to the office specified in the solicitation; and

(2) Showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in paragraphs (a)(1) and…