B.08.Solicitation - W912EE25BA011.pdf
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- Solicitation number
- W912EE25BA011
About this file
This is an Invitation for Bid (IFB) for a U.S. Army Corps of Engineers construction project at the J. Bennett Johnston Waterway in Louisiana. The solicitation (W912EE25BA011) seeks a small business contractor to construct a longitudinal stone revetment at the lower approach to Lock and Dam 2, located southeast of Alexandria. The project involves furnishing plant, labor, materials, and equipment to fill existing scour, with principal work including mobilization/demobilization and placing Graded Stone B.
The contract is a total small business set-aside under NAICS code 237990 with a $45 million size standard, estimated between $5-10 million in value. The project has a 142-calendar day performance period from the Notice to Proceed, with bid opening scheduled for August 28, 2025 at 2:00 PM Central Time. Bids will be evaluated on lowest price, and bidders must maintain active registration in the System for Award Management (SAM). Technical inquiries should be submitted through ProjNet, and the official solicitation documents are available on SAM.gov.
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| File | Type | Posted |
|---|---|---|
| B.01.Official Bid Abstract.pdf | ||
| A.02.RR-LD2_Solicitation_Plans.pdf |
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Text version
SOLICITATION No. W912EE25BA011
DATE: 29 July 2025
SPECIFICATIONS
FOR
J. BENNETT JOHNSTON WATERWAY
CONSTRUCTION GENERAL
LOWER APPROACH TO LOCK AND DAM 2
LONGITUDINAL STONE REVETMENT
THIS PROCUREMENT IS A TOTAL SMALL
BUSINESS SET-ASIDE.
♦Building Strong® ♦Serving the Army ♦Serving the Nation
VICKSBURG DISTRICT
4155 CLAY STREET
VICKSBURG, MS 39183-3435 CEMVK-CT-C
INQUIRIES
REGARDING THIS SOLICITATION SHOULD
BE MADE TO THE FOLLOWING:
https://www.projnet.org
Plans and specifications will be available on the Web Page at:
https://sam.gov/ https://sam.gov/
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NUMBER
W912EE25BA011
2. TYPE OF SOLICITATION
SEALED BID (IFB)
INVITATION FOR BID
NEGOTIATED (RFP)
REQUEST FOR PROPOSAL
3. DATE ISSUED
29 JUL 2025
PAGE OF PAGES
1 151
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER
A033700
7. ISSUED BY CODE W912EE 8. ADDRESS OFFER TO
W07V ENDIST VICKSBURG
KO CONTRACTING DIVISION, 4155 CLAY STREET
VICKSBURG, MS 39183-3435
UNITED STATES
W07V ENDIST VICKSBURG
KO CONTRACTING DIVISION, 4155 CLAY STREET
VICKSBURG, MS 39183-3435
UNITED STATES
ANDREW MCCASKILL, EMAIL: ANDREW.MCCASKILL@USACE.ARMY.MIL
TELEPHONE: 601-631-5248
9. FOR
INFORMATION CALL:
a. NAME
ANDREW MCCASKILL
b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS) 601-631-5248
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)
PROJECT TITLE: J. BENNETT JOHNSON WATERWAY, CONSTRUCTION GENERAL, LOWER APPROACH TO LOCK AND DAM 2, LONGITUDINAL STONE REVETMENT
PROJECT LOCATION: ALEXANDRIA, LA
THE WORK CONSISTS OF FURNISHING ALL PLANT, LABOR, MATERIALS, AND EQUIPMENT, AND PERFORMING ALL WORK FOR CONSTRUCTING A LONGITUDINAL STONE REVETMENT TO FILL EXISTING SCOUR AT THE LOWER APPROACH TO LOCK AND DAM 2 (OVERTON LOCK AND DAM) LOCATED SOUTHEAST OF ALEXANDRIA, LA. PRINCIPAL FEATURES OF THE WORK INCLUDE MOBILIZATION AND DEMOBILIZATION; AND FURNISHING, DELIVERING, AND PLACING GRADED
STONE B.
THE ESTIMATED MAGNITUDE OF CONSTRUCTION FOR PROPOSED WORK IS BETWEEN $5,000,000 AND $10,000,000.
11. The contractor shall begin performance within 10 calendar days and complete it within 142 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable.
(See
FAR 52.211-10 ).
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
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 02:00 PM (hour) local time 28 AUG 2025
(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.
STANDARD FORM 1442 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d) mailto:ANDREW.MCCASKILL@USACE.ARMY.MIL
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
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.)
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
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
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
ITEM DESCRIPTION
EST
QTY U/M UNIT PRICE AMOUNT
MOBILIZATION AND
DEMOBILIZATION 1 JOB FOR $
GRADED "B" STONE
93700 TN $ $
BID SCHEDULE
J. BENNETT JOHNSTON WATERWAY
CONSTRUCTION GENERAL
LOWER APPROACH TO LOCK AND DAM 2
LONGITUDINAL STONE REVETMENT
W912EE25BA011
TOTAL
Section 00 00 00 - Procurement and Contracting Requirements
J. Bennett Johnston Waterway, Construction General, Lower Approach to Lock and Dam 2, Longitudinal Stone Revetment
J. Bennett Johnston Waterway, Construction General, Lower Approach to Lock and Dam 2, Longitudinal Stone Revetment
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 Bidder's Unit Price and Total Line Item Bid Amount.
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. An accurately completed copy of the Bidder's 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 Bidder 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).
http://www.sam.gov/
Section 00 01 15 - List of Drawing Sheets
Identifier
Attachment Name
Attachment Description
Reference Identifier
Date
Line Item
# Of Pages
Provided Under Separate Cover
0001 B.04.Wage Rates
LA20250002
Wage Determination
LA20250002 22 Jul
No
PUBLISH
Specification
PUBLISH 22 Jul
0003 A.02.RR-
LD2_Solicitation_Plans
Drawings
PLANS 23 Jul
Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule
Additional Information/Notes
Instructions to Bidders:
NOTES:
(A) Reference Limitations on Subcontracting FAR 52.219-14. This procurement is 100% Set-aside under NACIS Code 237990-Other Heavy and Civil Engineering Construction, for Small Businesses. 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 (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 52.219-14.
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.
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 ProjNet at https://www.projnet.org /project. See special notices to bidder's page entitled "Technical Inquiries and Questions"
(C) 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 the 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, THE BID WILL BE DECLARED NONRESPONSIVE.
(D) All quantities shown on the BIDDING SCHEDULE are estimated quantities except when the unit of measure is shown as "job" or "each".
http://www.usace.army.mil/Business-With-Us/Partnering/ http://www.projnet.org/
(E) 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.
(F) 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.
(G) Award will be made, as a whole to the lowest responsive, responsible bidder as may be in the best interest of the Government.
(H) 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. The NTP will be issued immediately after verification of acceptable performance and payment bonds.
Within seven (7) calendar days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittals process with the Administrative Contracting Officer (ACO), or the Contracting Officer's Representative (COR), or their 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. The contract performance duration has been determined as stated in the specifications and includes sufficient time for the preparation, submittal and approval of all pre-work documents and all Pre-Construction conferences required prior to commencement of work on site.
(I) Lack of registration in the WWW.SAM.gov database will make an offeror ineligible for award. See contract clause 52.204-7 entitled, "system for award management".
(J) The SF-1442, Bidding Schedule, and Bidder 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 FAR Clause 52.204-8 Representations and Certifications, certifications with their bid package that their online Representations and Certifications from www.sam.gov. See FAR Clauses 52.204-7 is available.
(K) All work under these specifications shall be performed in accordance with the most recent provisions of EM 385-1-1 "Corps of Engineers Safety and Health Requirements Manual", dated 15-March-2024.
(L) 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 NOTICES:
1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA
AUTHORITY: Sec. 101, RHA 68; Sec 187, WRDA 76; Sec. 1305, SAA 84; Sec 601, WRDA 86; Sec.4, WRDA 88; Sec. 102, WRDA 90; Sec. 301, WRDA 96; Sec. 316, WRDA 00; E&WDAA 94, 96, 97, Sec. 3080, WRDA 07.
APPROPRIATION: CONSOLIDATED APPROPRIATIONS ACT, 2023; PL 117-328
FUNDING CITATION: 96 X 3122
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 guarantee/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 may 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 for bids.
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 financial institution through whom the bonds or the guarantees are held, together with the address and telephone number of the persons and/or financial institution authorized to commit the surety.
(2) Offerors or bidders should note that some 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.
(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.
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, 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.
4. Note the affirmative action requirement of the equal opportunity clause which 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 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.
7. 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/
8. 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=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 further questions, please visit the Federal Service Desk (FSD) at www.FSD.gov.
9. 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.
10. All Technical inquiries and questions related to this solicitation shall 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: W912EE25BA011 http://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw http://www.mvk.usace.army.mil/ http://www.cpars.gov/ http://www.sam.gov/ http://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=003e5979dbe1259494439f95f39619cd http://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=83629ecadb69e99494439f95f3961958 http://www.fsd.gov/ http://www.projnet.org/
The bidder inquiry key is: C2W6MY-AMWGVI
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.
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 this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons - such as foreign contractors. It implements the Department of the Treasury's final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts. Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.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 Federal Procurement Payments, available via the internet at www.irs.
gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result 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 to complete Part I, Lines 6 and 7.
Line 6 Contract/reference number: [W912EE25BA011]
Line 7 "Name and address of the acquiring agency": [USACE, Vicksburg District, 4155 Clay Street, Vicksburg MS. 39183]
Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.
Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion /submission of IRS Form W-14. Additional information is also available at:
Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time. As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor's discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the 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 substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS."
Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability.
Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.
For submission requirements and basis of evaluation:
Executed FAR Provision 52.229-11.
Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will 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, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach 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 process of deploying a new solicitation and contract writing software application to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software application will replace most existing Army contract writing systems, including the system used to create and release this Contract.
b. During this transition period, Contractors are hereby advised:
1. The Contracting Office may use any combination of contract writing systems to generate distributable copies of this contract during its period of performance, as well as any subsequent modifications or orders (if applicable). As a result:
i. Subsequent documents you receive may appear noticeably different than the original award or previous contractual documents from the same Contracting Office.
ii. A change between contract writing systems may cause important information concerning contract terms and conditions to take on different formatting or appear in different parts of later documents issued.
iii. Contractors shall ensure Customer Relationship Management (CRM) systems and personnel interacting with this contract are prepared to identify and respond appropriately to differences between document versions.
2. The Government does not intend to use the shift between contract writing systems to effect any changes to Contract terms and conditions.
Therefore:
i. Contractors should view changes to terms or conditions between document versions as system-generated and potentially erroneous unless accompanied by narrative(s) designating such changes as deliberate and desired.
ii. Contractors shall inform the Contracting Officer listed on the first page of the most recent document issued for guidance regarding any suspected or observed inadvertent or system-generated changes (i.e., noticing something missing in a new conformed copy).
iii. The Government will correct any inadvertent or system-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 the latest document reflecting deliberate action by the Contracting Officer (i.e., the last conformed copy of the award not affected by the observed issue) will take precedence until the problems are corrected.
3. In the unlikely event award information is corrupted or mutilated during system migration and replacement or re-issuance of this contract is necessary for continued contract administration, the Contracting Officer will:
i. Issue a continuation contract in accordance with DFARS 204.1601(c) and DFARS PGI 204.1601(c), carrying over all terms and conditions from the last-known version of this contract to accurately reflect mutual agreement of the parties.
ii. Incorporate the last-known version of this contract to accurately reflect mutual agreement of the parties as an attachment to 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).
http://www.dol.gov/vets/ http://www.fedshirevets.gov/ http://www.benefits.va.gov/vow/ http://www.uschamberfoundation.org/hiring-our-heroes
Section 00 20 00 - Instructions for Procurements
Contractor Information Sheet
Total Bid Amount: $
Contractor's Name:
Contractor's Address:
CAGE Code:
UEI Number:
Point of Contact:
Telephone Number:
Email:
Date:
Section 00 21 00 - Instructions
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.
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.
http://www.nato.int/structur/AC/135/main/links/contacts.htm
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.
(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.
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.
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…
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