W912ES-18-B-0015_SPECS.pdf

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Paving Repair at 6 Lock & Dam Sites (WI, MN and IA)
Solicitation number
W912ES18B0015
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IFB and Specifications for W912ES18B0015 LOCK & DAM 4, 5, 5A, 8, 9, 10 PAVEMENT REHABILITATION

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Solicitation No. W912ES18B0015

CONSTRUCTION

DOCUMENTS

FOR

LOCK & DAM 4, 5, 5A, 8, 9, 10

PAVEMENT REHABILITATION

MISSISSIPPI RIVER

MINNESOTA, WISCONSIN, & IOWA

AUGUST 2018

The project consists of repairing the pavement at six (6) of the Corps' Lock & Dam sites (4, 5, 5A, 8, 9, & 10). The w ork varies at each site, but may include but is not limited to cleaning and sealing cracks, asphalt patching, asphalt removal, cold milling, asphalt overlay, asphalt replacement, chip sealing, fog sealing, painting of parking stalls, road striping, replacement of w heel stops, curb replacement, concrete sidew alk leveling (mudjacking), concrete sidew alk joint sealing, and installing utility collars.

Offerors may bid on one, multiple or all sites. Offerors may limit the number of sites they w ill accept aw ards for.

The estimated magnitude of all sites is betw een $1,000,000 and $5,000,000. The magnitude for Lock & Dam 5A is estimated betw een $25,000 and $100,000. The estimated magnitude for Lock & Dam 10 is betw een $100,000 and $250,000. The estimated magnitude for Lock & Dam 4, 8 and 9 are individually betw een $250,000 and $500,000. The estimated magnitude for Lock & Dam 5 is betw een $500,000 and $1,000,000.

This solicitation is being issued w ith a 100% small business set-aside. The NAICS code for the project is 237331, w ith a size standard of $36,500,000.

X

JOHN P RIEDERER 651-290-5614

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

8-Aug-2018

(RFP)

(IFB)

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 _______15 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10 Alt1

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 __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time 7 Sep 2018. 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 offers 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 _______90 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

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

W912ES

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 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:

W912ES18B0015 208

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

W912ES18B0015

Table of Contents

Table of Contents Table of Contents

Section 00 10 00 - Solicitation

BID SCHEDULE

BASIS OF AWARD

Section 00 21 13 - Instructions to Bidders

BID NOTES

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

52.214-5 SUBMISSION OF BIDS (DEC 2016)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

52.214-22 EVALUATION OF BIDS FOR MULTIPLE AWARDS (MAR 1990)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

ALTERNATE I (MAY 2014)

52.228-1 BID GUARANTEE (SEP 1996)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

Section 00 45 00 - Representations and Certifications

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(NOV 2011)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(OCT 2016)

Section 00 70 00 - Conditions of the Contract

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

OR STATEMENTS (JAN 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JULY 2013)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) -

ALTERNATE I (APR 1984)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.214-26 AUDIT AND RECORDS--SEALED BIDDING (OCT 2010)

52.214-27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA -

MODIFICATIONS - SEALED BIDDING. (AUG 2011)

52.214-28 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA - MODIFICATIONS - SEALED

BIDDING. (OCT 2010)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION.

(MAY 2014)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED

REGULATIONS (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR

2015)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (MAY 2008)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

(AUG 2011)

52.223-20 AEROSOLS (JUN 2016)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

(DEC 2007)

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (JAN 2012)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2-14) - ALTERNATE I (APR 1984)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD

MANAGEMENT (JULY 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013)

52.233-1 DISPUTES. (MAY 2014) -- ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG. 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-4 PHYSICAL DATA (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) - ALTERNATE I

(APR 1984

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-13 BANKRUPTCY (JUL 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-4 CHANGES (JUN 2007)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2017)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2015)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) -

ALTERNATE I (SEP 1996)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP

2011)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-

CONTRACT-RELATED FELONIES (DEC 2008)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC

1991)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR

HAZARDOUS MATERIALS--BASIC (SEP 2014)

252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

252.225-7048 EXPORT-CONTROLLED ITEMS (JUNE 2013)

252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)

252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000)

Section 00 73 00 - Supplementary Conditions

SUPPLEMENTARY TERMS

PARTNERING

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER - ER 415-1-15

DAVIS-BACON WAGE DETERMINATION - CONFLICTING SCHEDULES

INSURANCE

INVOICE PROCEDURES

UNAVAILABILITY OF UTILITY SERVICES

SAFETY AND HEALTH REQUIREMENTS MANUAL INTERIM CHANGES, EM 385-1-1

VARIATIONS IN ESTIMATED QUANTITIES, SUBDIVIDED ITEMS

BASIS FOR SETTLEMENT OF PROPOSALS

APPARENT CLERICAL MISTAKES

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

AT/OPSEC 13: Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas

AT/OPSEC 15: Pre‐screen candidates using E‐Verify Program

AT/OPSEC 2: Access and General Protection/Security Policy and Procedures

Section 01 00 00 - General Requirements

WAGE DETERMINATIONS

General Decision Number: WI180010 08/03/2018 WI10 General Decision Number: MN180126 05/11/2018 MN126

General Decision Number: IA180029 06/08/2018 IA29

Section 00 10 00 - Solicitation

BID SCHEDULE

Lock & Dam 4

Item Description Qty Unit Unit Price Amount 0001 Performance & Payment Bonds 1 JOB 0002 Bituminous Pavement Removal 3,672 SY 0003 Bituminous Tack Coat 3,672 SY 0004 Bituminous Pavement Non-Wearing Course 413 TON 0005 Bituminous Pavement Wearing Course 413 TON 0006 Wheel Stops 15 EACH 0007 Concrete Curb & Gutter 40 LF 0008 Sidewalk Leveling 335 LF 0009 Pavement Markings 1 JOB

TOTAL

Lock & Dam 5 Item Description Qty Unit Unit Price Amount 0010 Performance & Payment Bonds 1 JOB 0011 Bituminous Pavement Removal 1,529 SY 0012 Bituminous Tack Coat 2,759 SY 0013 Cold Milling of Bituminous Pavements 1,231 SY 0014 Bituminous Pavement Non-Wearing Course 172 TON 0015 Bituminous Pavement Wearing Course 310 TON 0016 Field Molded Joint Sealant Replacement 152 LF 0017 Crack Repair Type 1

0017AA First 2,000 LF 2,000 LF 0017AB Over 2,000 LF 882 LF

0018 Crack Repair Type 2 0018AA First 2,000 LF 2,000 LF 0018AB Over 2,000 LF 626 LF

0019 Bituminous Seal Coat 3,827 SY 0020 Pavement Markings 1 JOB

TOTAL

Lock & Dam 5A Item Description Qty Unit Unit Price Amount 0021 Performance & Payment Bonds 1 JOB 0022 Crack Repair Type 1

0022AA First 1,500 LF 1,500 LF 0022AB Over 1,500 LF 506 LF

0023 Crack Repair Type 2 0023AA First 100 LF 100 LF 0023AB Over 100 LF 15 LF

0024 Pavement Markings 1 JOB

Lock & Dam 8

0025 Performance & Payment Bonds 1 JOB 0026 Bituminous Pavement Removal 315 SY 0027 Cold Milling of Bituminous Pavements 950 SY 0028 Bituminous Pavement Non-Wearing Course 103 TON 0029 Bituminous Pavement Wearing Course 103 TON 0030 Crack Repair Type 1

0030AA First 250 LF 250 LF 0030AB Over 250 LF 47 LF

0031 Crack Repair Type 2 0031AA First 100 LF 100 LF 0031AB Over 100 LF 33 LF

0032 Bituminous Seal Coat 1,885 SY 0033 Riprap 1 JOB 0034 Field Molded Joint Sealant Replacement 60 LF 0035 Pavement Markings 1 JOB

Lock & Dam 9

0036 Performance & Payment Bonds 1 JOB 0037 Cold Milling of Bituminous Pavements 745 SY 0038 Bituminous Tack Coat 806 SY 0039 Bituminous Pavement Non-Wearing Course 7 TON 0040 Bituminous Pavement Wearing Course 85 TON 0041 Crack Repair Type 1

0041AA First 1,500 LF 1,500 LF 0041AB Over 1,500 LF 500 LF

0042 Crack Repair Type 2 0042AA First 750 LF 750 LF 0042AB Over 750 LF 300 LF

0043 Bituminous Seal Coat 2,805 SY 0044 Field Molded Joint Sealant Replacement 1,100 LF 0045 Bituminous Pavement Removal 61 SY 0046 Pavement Markings 1 JOB

Lock & Dam 10

0047 Performance & Payment Bonds 1 JOB 0048 Crack Repair Type 1

0048AA First 1,000 LF 1,000 LF 0048AB Over 1,000 LF 425 LF

0049 Crack Repair Type 2 0049AA First 150 LF 150 LF 0049AB Over 150 LF 72 LF

0050 Bituminous Seal Coat 2,600 SY 0051 Field Molded Joint Sealant Replacement 950 LF 0052 Pavement Markings 1 JOB

TOTAL

Award Restriction Maximum Number of Sites:_________________________ (Please see Basis of Award section for explanation)

BASIS OF AWARD

1. This solicitation is for work at six (6) separate sites (Lock & Dam 4, 5, 5A, 8, 9, and 10) with the expectation of multiple awards. If a given offeror is selected for multiple sites, those sites will be included in a single contract award. The Government intends to award a contract(s) to the offeror, or combination of offerors, providing the overall lowest price to the Government.

2. Offerors may submit a bid with pricing for one or more of the sites included in this solicitation.

To be considered for award for any given site, an offeror must submit pricing on all line items for that site. Each offeror that includes pricing on more than one site in its bid, may also include an “award restriction” with its bid, limiting the number of sites for which it can be considered for a contract award. An award restriction is a whole number identifying the maximum number of sites for which that offeror may receive an award.

3. An award restriction may not include a prioritization or preference for a particular site or combination of sites on which an offeror submits a bid. If an offeror does not submit an award restriction with its bid, the Government may make an award to that offeror for any site or combination of sites included in its bid. An offer containing an invalid award restriction is nonresponsive and no portion of the offer will be considered for award. Award restrictions may not be added or removed after bid opening.

4. A responsibility determination will be conducted in accordance with FAR Part 9. An offeror must be found responsible for the number of sites for which it is in line for award. If an offeror is found to be non-responsible for a proposed award, the bid submitted by that offeror will be eliminated from consideration and the remaining bids reevaluated.

5. Award restriction example. This example is solely for the purpose of illustrating the operation of an award restriction. Assume that Offeror X is a responsive offeror and that it submits a bid with pricing for all six sites but includes an award restriction of “2” with its bid. Even if Offeror X is the low offeror on all six sites, it is only eligible to receive awards for 2 of those sites because of the award restriction submitted with its bid. The Government will select which 2 sites will be included in the contract award to that offeror by reviewing the other bids submitted and determining which combination of bids provides the overall lowest price (for all six sites in combination) to the Government.

6. Award restriction example 2.

Offeror Award

Restriction

LD 4 LD 5 LD 5A LD 8 LD 9 LD 10

A 6 sites $499K $900K $100K $300K $350K $245K B 2 sites $390K $250K $240K $175K C 3 sites $400K $500K $60K D 4 sites $600K $45K $325K $300K $200K

Total Cost to Government: $1.635 million

In this example, Offeror B has bid on four sites, but restricted itself to awards for two sites.

Offeror B submitted the lowest price on all four sites that it bid. Based on the pricing evaluation, the lowest overall price to the Government is to award LD 8 and LD 9 to Offeror B. LD 4 would be awarded to Offeror C, and LD10 awarded to Offeror D, because they had the next lowest offers. The combination results in the lowest overall price to the Government.

Section 00 21 13 - Instructions to Bidders

BID NOTES

1. BIDDER INQUIRIES. Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit their questions using the ProjNet system at https://www.projnet.org

Clause 52.214-6 requires that all inquiries be submitted in writing. To submit a new inquiry or to view inquiries submitted by other prospective bidders, users must be registered and signed into the ProjNet system. Bidders may register online at https://www.projnet.org (click on “Register”). The following information will be needed to submit or view bidder inquiries:

Managing Agency: USACE The Solicitation Number is: W912ES18B0015 The Bidder Inquiry “Key” Number is: 4UC22A-SUE8HK

Bidders shall submit inquiries not later than 10 days prior to bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary. Those who submit an inquiry will receive a system-generated email acknowledgement. All answers to inquiries will be posted in ProjNet after they have been reviewed by the USACE technical team. Bidders are advised to review the solicitation in its entirety and to review all previously submitted questions and responses prior to submitting a new inquiry.

2. RESPONSIBILITY DETERMINATION. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, the apparent low bidder will be requested to provide the following information:

a. A detailed description of the work to be self-performed and resources available to demonstrate the firm is capable of complying with: 52.219-14, Limitations on Subcontracting.

b. Financial Statements, including balance sheets that identify major categories of assets, liabilities, and owner’s equity; and profit and loss statements for the past three (3) years.

c. A Bank Certification of Financial Capability (line of credit).

Offeror qualification information: Before a bid is considered for award, the offeror 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, and plant available to be used in performing the work. This information (if requested) must be received by the Contracting Officer within two (2) business days and will be treated as confidential commercial or financial information to the extent permitted by law under exemption 4 to the Freedom of Information Act, 5 U.S.C. § 552(b)(4). The financial statements should be not over 60 days old. If over 60 days old, a certification should be attached stating that the financial condition of the firm is substantially the same or, if not the same, the changes that have taken place.

3. All extensions of the unit prices shown will be subject to verification by the Government. In case of a discrepancy between the unit price and the extension, the unit price will govern.

For further information reference paragraph "Apparent Clerical Mistakes" in Section 00 73 00

4. UNBALANCED BIDS. The government may reject as non-responsive any bid that is materially unbalanced between contract line item numbers or sub-items on the bidding schedule. A bid is materially unbalanced when it is based on prices that are significantly less than cost for some work and significantly more than cost for other work. A materially unbalanced bid may be rejected if the Contracting Officer has https://www.projnet.org/ a reasonable doubt as to whether the bid will result in the lowest overall cost to the government even though it may be the low evaluated bid. Additionally, a bid that is unbalanced so as to be tantamount to an advance payment will be rejected as non-responsive even if acceptance of the bid would result in the lowest overall cost to the government. Reference is made to paragraph (d) of clause 52.214-19, “Contract Award

– Sealed Bidding – Construction.”

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

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

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

(i) By signing and returning the amendment;

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

(iii) By letter;

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

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

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

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

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)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV

1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.214-22 EVALUATION OF BIDS FOR MULTIPLE AWARDS (MAR 1990)

In addition to other factors, bids will be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It is assumed, for the purpose of evaluating bids, that $500 would be the administrative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed administrative costs.

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of one or more Firm Fixed Price contracts resulting from this solicitation.

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK

(MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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

Buffalo County, WI - 0.6%; 6.9% Vernon County, WI – 0.6%

Crawford County, WI – 0.5% Winona County, MN – 0.6% Clayton County, IA – 0.5%

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 & Dam No. 4, Alma; Buffalo County, Wisconsin Lock & Dam No. 5, Minnesota City Winona County, Minnesota Lock & Dam No. 5A, Fountain City Buffalo County, Wisconsin Lock & Dam No. 8, Genoa Vernon County, Wisconsin Lock & Dam No. 9, Eastman Crawford County, Wisconsin Lock & Dam No. 10, Guttenberg Clayton County, Iowa

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS

(MAY 2014) ALTERNATE I (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers – St. Paul District Shamron Richardson – Contracting Officer 180 5th Street East, Suite 700 St. Paul, MN 55101

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

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

(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:

Lock & Dam 4

Name: Judith Denzer, Lockmaster Address: Judith.M.Denzer@usace.army.mil Telephone: 651-290-5949 507-459-7513

Lock & Dam 5

Name: Kriss Zeller, Lockmaster Address: Kriss.R.Zeller@usace.army.mil Telephone: 651-290-5941 507-689-2101

Lock & Dam 5A

Name: Joe Heffner, Lockmaster Address: Joseph.P.Heffner@usace.army.mil Telephone: 651-290-5069 507-452-2789

Lock & Dam 8

Name: Jane Mathison, Lockmaster Address: Jane.M.Mathison@usace.army.mil Telephone: 651-290-5033 608-689-2625

Lock & Dam 9

Name: Brian Sipos, Lockmaster Address: Brian.Sipos@usace.army.mil Telephone: 651-290-5042 608-874-4311

Lock & Dam 10

Name: Samuel Mathiowetz, Lockmaster Address: Samuel.E.Mathiowetz@usace.army.mil Telephone: 651-290-5051 563-252-1261

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):

http://www.acquisition.gov

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov

Section 00 45 00 - Representations and Certifications

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $36,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set…

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