B5MRLD22202203-SPEC_SOL-2024-04-02 DRAFT - MAY 9.pdf

SOLICITATION NO.: W912EK24R0007

B5MRLD2202004

US Army Corps of Engineers Rock Island District

SOLICITATION SUBMITTAL

LOCK AND DAM 22 FISH PASSAGE

IMPROVEMENT

Construction Solicitation and Specifications

APRIL 2024

LOCK AND DAM 22 FISH PASSAGE IMPROVEMENT UPPER MISSISIPPI RIVER MILE 301.2 SAVERTON, MO RALLS COUNTY, MO AND PIKE

COUNTY, IL

See Section 01 11 00 for the Specif ication for the Scope of Work

NAICS CODE: 237990

Small Business Size Standard: $39.5M Estimated Range: Betw een $25,000,000 and $100,000,000 Completion Days: 898 consecutive calendar days

Unrestricted Best Value Tradeoff

Questions regarding this project shall be submitted via Projent, see clause MVR.02

BOBBI S BOEH 309-794-5943

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

22-May-2024

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______30 calendar days and complete it w ithin ________898 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________08 Jul 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS 1500 ROCK ISLAND D

ROCK ISLAND IL 61201

W912EK

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912EK24R0007 119

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912EK24R0007

Section 00010 - Solicitation Contract Form

SOURCE SELECTION PLAN

Final draft of SSP is IN PROGRESS and under final review for signature as of 23 APRIL 2024.

PREPROPOSAL MEETING NOTICE

A prebid meeting will be held at the Lock and Dam 22 - 13533-13769 Riverview Drive, New London, MO 63459 with a date of 11 June 2024 at a 9:00 AM to 12:00 PM CT.

The meeting is to discuss the Lock and Dam 22 Fish Passage Improvement Project, W912EK-24-R-0007 and to provide an opportunity for offerors to visit the site. This will be the only formal onsite visit with USACE during the bidding phase. Offerors may contact the POC listed below to set up an informal site visit on their own. Offerors are highly encouraged to attend this prebid meeting.

Make arrangements at least 24 hours in advance of the prebid meeting with:

Mr. Calvin Schmid Eastern Area Office U.S. Army Corps of Engineers 4808 N. Sheridan Rd.

Peoria, IL 61614 Telephone No.: (309) 637-1321 (Collect calls not accepted.)

Offerors are required to bring the following safety equipment for this meeting: safety hat, safety glasses, steel-toed boots, and life-vest (US Coast Guard Approved).

Questions from offerors submitted and Government responses will be documented via ProjNet Bidder Inquiry.

Please reference clause MVR.02-Questions and Answers via ProjNet for further instructions.

SCHEDULE OF PRICES

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Bid 0001 Mobilization and Demobilization 1 JOB $_________ $______________ 0002 Temporary Construction Facilities 0002AA Temporary Construction Facilities, First

24 Months

24 MO $_________ $______________

0002AB Temporary Construction Facilities, Over 24 Months

2 MO $_________ $______________

0003 Excavation for Equipment Access 0003AA Excavation for Equipment Access, First

4,200 CY

4,200 CY $_________ $______________

0003AB Excavation for Equipment Access, Over

4,200 CY

7,250 CY $_________ $______________

Intake and Debris Boom Cofferbox 0004 Concrete Demolition 1 JOB $_________ $______________ 0005 Riprap Removal 1 JOB $_________ $______________ 0006 Cofferbox Enclosure 0006AA Cofferbox Enclosure, Sheetpiling 1 JOB $_________ $______________

0006AB Cofferbox Enclosure, End Closures at Existing Cells

1 JOB $_________ $______________

0006AC Cofferbox Enclosure, Permeation Grouting

1 JOB $_________ $______________

0007 Cofferbox Enclosure Wales 1,075 LF $_________ $______________ 0008 Cofferbox Enclosure Struts 29 TN $_________ $______________ 0009 Cofferbox Enclosure Dewatering 1 JOB $_________ $______________ 0010 Cofferbox Enclosure Temporary

Erosion Protection

1 JOB $_________ $______________

Removal of Cofferbox 0011 Remove Struts and Wales 1 JOB $_________ $______________ 0012 Remove Sheetpiles 1 JOB $_________ $______________ Intake 0013 Intake Demolition 1 JOB $_________ $______________ 0014 Intake Excavation 1 JOB $_________ $______________ 0015 Intake Steel H-Piles 68 EA $_________ $______________ 0016 Intake Cell Seal Slabs 1 JOB $_________ $______________ 0017 Reinforced Concrete 1 JOB $_________ $______________ 0018 Guard Rails 505 LF $_________ $______________ 0019 Deck Grating and Grating Frames 32 EA $_________ $______________ 0020 Bulkhead Slide Plates 16 EA $_________ $______________ 0021 Steel Bulkheads 8 EA $_________ $______________ 0022 Bulkhead Storage Frames 9 EA $_________ $______________ 0023 Strip Seals 44 LF $_________ $______________ 0024 Concrete Seepage Plugs 1 JOB $_________ $______________ 0025 Backfill - Common Earth 1 JOB $_________ $______________ 0026 Backfill - Controlled Low Strength

Material

1 JOB $_________ $______________

0027 Approach Ramps and Pavement 48 CY $_________ $______________ 0028 Grouted Riprap 0028AA Grouted Riprap, First 205 TN 205 TN $_________ $______________ 0028AB Grouted Riprap, Over 205 TN 59 TN $_________ $______________ 0029 Bird Deterrent System 505 LF $_________ $______________ 0030 Security Gate 1 EA $_________ $______________ Debris Boom 0031 Debris Boom Drilled Pier 498 VF $_________ $______________ 0032 Debris Boom Drilled Pier Rock Socket 110 VF $_________ $______________ 0033 Debris Boom Drilled Pier Coating or

Remove Casing

1 JOB $_________ $______________

0034 Debris Boom Drilled Pier Access Ladder

7 VF $_________ $______________

0035 Debris Boom Precast Concrete Beam Fabrication

12 EA $_________ $______________

0036 Debris Boom Precast Concrete Beam Installation

12 EA $_________ $______________

0037 East and West Access - Miscellaneous 1 JOB $_________ $______________ Fishway

Upstream Rock 0038 Underlayer Stone Fill (Upstream of

Dam)

0038AA Underlayer Stone Fill (Upstream of Dam), First 1,131 Ton

1,131 TN $_________ $______________

0038AB Underlayer Stone Fill (Upstream of Dam), Over 1,131 Ton

325 TN $_________ $______________

0039 Type A Armor Stone (Upstream of

0039AA Type A Armor Stone (Upstream of Dam), First 3,021 Ton

3,021 TN $_________ $______________

0039AB Type A Armor Stone (Upstream of Dam), Over 3,021 Ton

869 TN $_________ $______________

Downstream Rock 0040 Underlayer Stone Fill (Downstream of

0040AA Underlayer Stone Fill (Downstream of Dam), First 88,475 Ton

88,475 TN $_________ $______________

0040AB Underlayer Stone Fill (Downstream of Dam), Over 88,475 Ton

25,437 TN $_________ $______________

0041 Filter Layer 0041AA Filter Layer, First 5,852 Ton 5,852 TN $_________ $______________ 0041AB Filter Layer, Over 5,852 Ton 1,683 TN $_________ $______________ 0042 Type A Armor Stone (Downstream of

0042AA Type A Armor Stone (Downstream of Dam), First 6,333 Ton

6,333 TN $_________ $______________

0042AB Type A Armor Stone (Downstream of Dam), Over 6,333 Ton

1,821 TN $_________ $______________

0043 Type B Armor Stone (Downstream of

0043AA Type B Armor Stone (Downstream of Dam), First 20,626 Ton

20,626 TN $_________ $______________

0043AB Type B Armor Stone (Downstream of Dam), Over 20,626 Ton

5,930 TN $_________ $______________

0044 Riprap Void-Fill Stone 0044AA Riprap Void-Fill Stone, First 3,500 Ton 3,500 TN $_________ $______________ 0044AB Riprap Void-Fill Stone, Over 3,500 Ton 1,006 TN $_________ $______________ 0045 Camera Mounting Piles 2 EA $_________ $______________ 0046 Excavation - Fishway 1 JOB $_________ $______________ 0047 Excavation - Grouted Riprap 1 JOB $_________ $______________

Staging Area Staging Area 0048 Erosion Control 1 JOB $_________ $______________ 0049 Aggregate Road Repairs 63 TN $_________ $______________ 0050 Fencing for Staging Area 1 JOB $_________ $______________ 0051 Site Restoration 1 JOB $_________ $______________ 0052 Signage 1 JOB $_________ $______________ 0053 Dam Access Gate 1 EA $_________ $______________ 0054 Site Demolition 1 JOB $_________ $______________ 0055 Prefabricated Toilet Building 1 JOB $_________ $______________ 0056 Garbage Can 1 EA $_________ $______________ 0057 Traffic Barrier Posts 20 EA $_________ $______________ 0058 Excavation - Staging Area 1 JOB $_________ $______________

Site Electrical 0059 Site Electrical 1 JOB $_________ $______________

TOTAL OF ESTIMATED AMOUNTS OF THE BASE BID (ITEM NOS. 0001 THROUGH

0059)

Option A Rock Ramp Fishway Weir Stone 0101 Weir Stone and Random Boulders 0101AA Weir Stone and Random Boulders, First

2,224 Ton

2,224 TN $_________ $______________

0101AB Weir Stone and Random Boulders, Over 2,224 Ton

640 TN $_________ $______________

0102 Contractor Construction Verification and Adjustments

5 DAY $_________ $______________

TOTAL OF ESTIMATED AMOUNTS OF OPTION A (ITEM NOS. 0101 THROUGH 0102)

Option B

ECRD Structure 0201 Drilled Pier for ECRD 417 VF $_________ $______________ 0202 ECRD Structure 0202AA ECRD Structure, Elevated Structure 1 JOB $_________ $______________ 0202AB ECRD Structure, Building Envelope 1 JOB $_________ $______________ 0202AC ECRD Structure, Doors and Windows 1 JOB $_________ $______________ 0202AD ECRD Structure, Finishes 1 JOB $_________ $______________ 0202AE ECRD Structure, Architectural

Specialties

1 JOB $_________ $______________

0202AF ECRD Structure, Mechanical Systems 1 JOB $_________ $______________ 0202AG ECRD Structure, Electrical Systems 1 JOB $_________ $______________

TOTAL OF ESTIMATED AMOUNTS OF OPTION B (ITEM NOS. 0201 THROUGH

0202AG)

Option C Moorage Structure 0301 Mooring Dolphin 0301AA Mooring Dolphin, Drilled Pier and Lower

Casing

72 VF $_________ $______________

0301AB Mooring Dolphin, Rock Socket 42 VF $_________ $______________ 0301AC Mooring Dolphin, Upper Casing 26 VF $_________ $______________ 0302 Mooring Stairs and Ramp 1 JOB $_________ $______________ 0303 Mooring Bollards on Fishway Access

Road

3 EA $_________ $______________

0304 Mooring Bollards on Submersible Dike 4 EA $_________ $______________

TOTAL OF ESTIMATED AMOUNTS OF OPTION C (ITEM NOS. 0301 THROUGH 0304)

TOTAL OF ESTIMATED AMOUNTS OF BASE BID, OPTION A, OPTION B, AND

OPTION C (ITEM NOS. 0001 THROUGH 0304)

JOB = LUMP SUM CY = CUBIC YARD

MO = MONTHS

TN = TON EA = EACH VF = VERTICAL FEET

ECRD = EQUIPMENT CENTER AND RESEARCH DECK

SY = SQUARE YARD SF = SQUARE FOOT

VLF = VERTICAL LINEAL FEET

ENSURE UNIT PRICES AND AMOUNT LINES FOR ALL ITEMS ARE

COMPLETED.

THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE OPTION A, OPTION B, AND

OPTION C BY 29 APRIL 2025.

IF OPTION A, OPTION B, AND/OR OPTION C ARE EXERCISED, THE CONTRACT

DURATION WILL NOT BE EXTENDED.

MAXIMUM CONTRACT DURATION WITH ANY COMBINATION OF AWARDED OPTIONS

IS 898 DAYS.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

BASE BID

FFP

Requirement includes, but not limited to, demolition; construct a rock ramp fishway; concrete bridge; install ice and debris boom; sheet piling work, concrete work; earthwork; stone and boulder placement; access ramp work; building (with architectural materials) and deck erection; electrical work, design network and install computer and monitoring components; cybersecurity; surveying, and site restoration.

FOB: Destination

PSC CD: Y1PZ

NET AMT

0002 1 Job OPTION Option A – Rock Ramp Fishway Weir Stone

FFP

0003 1 Job OPTION Option B – ECRD Building

FFP

Equipment Center and Research Deck Building

0004 1 Job OPTION Option C – Mooring Structure

FFP

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-22 Alternative Line Item Proposal JAN 2017 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.222-33 Notice of Requirement for Project labor Agreement MAY 2010 52.222-34 Project Labor Agreement MAY 2010 52.225-11 Buy American--Construction Materials Under Trade

Agreements

NOV 2023

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

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

JAN 2023

252.215-7012 Requirements for Submission of Proposals via Electronic Media.

JAN 2018

CLAUSES INCORPORATED BY FULL TEXT

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

District Contracting Chief PO Box 2004 1500 Rock Island Drive Rock Island, IL 61204-2004

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

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Calvin Schmid Address: Eastern Area Office

U.S. Army Corps of Engineers 4808 N. Sheridan Rd.

Peoria, IL 61614

Telephone: 309-637-1321 (Collect calls not accepted.)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

MVR.02

QUESTION AND ANSWER VIA PROJNET

ALL SUBMITTED QUESTIONS FOR THIS PROJECT AND THE ANSWERS

PROVIDED SHALL BE VIEWED IN BIDDER INQUIRY IN PROJNET AT

(https://www.projnet.org).

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) 14 June 2024, 2:00 PM CT. To submit or 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. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

The Bidder Inquiry Key is: Q8DEMN-8K74QB Specific Instructions for First Time 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 provided 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.

Section 00100 - Bidding Schedule/Instructions to Bidders

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price construction contract resulting from this solicitation.

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

2.4% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Lock and Dam 22, Saverton, MO – Ralls County, MO and Pike County, IL.

Section 00600 - Representations & Certifications

52.203-2 Certificate Of Independent Price Determination APR 1985 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

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

Commercial and Government Entity (CAGE) code means—

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

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

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

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

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

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

Immediate owner CAGE code:

Immediate owner legal name: ___

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

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

[ ___ ] Yes or [ ___ ] No.

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

Highest-level owner CAGE code:

Highest-level owner legal name:

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

52.204-20 Predecessor of Offeror (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

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

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

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

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

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

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

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

Predecessor legal name: ____.

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

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

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

2020)

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

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

(c) Representations.

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

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

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

REPRESENTATION (NOV 2015)

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

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

(c) Representation. The Offeror represents that--

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

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

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and--

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of--

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to the Miller Act, the later of--

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the Web site http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format shall be used by the issuing financial institution to create an ILC:

[Issuing Financial Institution's Letterhead or Name and Address]

Issue Date _ ___

IRREVOCABLE LETTER OF CREDIT NO. ___

Account party's name ___ _

Account party's address ___ _

For Solicitation No. ___ _(for reference only)

TO: [ ___ U.S. Government agency]

[ ___ U.S. Government agency's address]

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ ___ . This Letter of Credit is payable at [issuing financial institution's and, if any, confirming financial institution's] office at [ ___ issuing financial institution's address and, if any, confirming financial institution's address] and expires with our close of business on ___ , or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution, if any, otherwise State of issuing financial institution].

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [ ___ Issuing financial institution]

(f) The following format shall be used by the financial institution to confirm an ILC:

___ [Confirming Financial Institution's Letterhead or Name and Address]

(Date) ___

Our Letter of Credit Advice Number ___

Beneficiary: ___ [U.S. Government agency]

Issuing Financial Institution: ___

Issuing Financial Institution's LC No.: ___

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by ___ [name of issuing financial institution] for drawings of up to United States dollars ___ _/U.S. $ ___ and expiring with our close of business on ___ [the expiration date], or any automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at ___ _.

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution].

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [Confirming financial institution]

(g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:

SIGHT DRAFT

[City, State]

(Date) ___

[Name and address of financial institution]

Pay to the order of ___ [Beneficiary Agency] ___ the sum of United States ___ This draft is drawn under Irrevocable Letter of Credit No. ___

___ [Beneficiary Agency]

By: ___

(End of…