Wild_Rice_RFP_with_Specifications_W912ES19R0019.pdf

SOLICITATION NO. W912ES19R0019

FARGO - MOORHEAD FLOOD RISK MANAGEMENT

RED RIVER OF THE NORTH RIVER BASIN

FARGO, ND

CONSTRUCTION

DOCUMENTS FOR

WILD RICE RIVER STRUCTURE

July 2019

US Army Corps of Engineers St. Paul District

Wild Rice River Structure

This w ork is part of the Fargo Moorhead Metro Area Flood Risk Management project. The w ork includes, but is not limited to, providing all plant, labor and materials to construct a gated w ater control structure. Features include tw o 40 foot w ide tainter gates, dam w alls, a vehicle service bridge, stilling basin, pre-formed scour hole, approach apron, a slope protection slab, approach w alls, a control building, access roads and approximately 2,000 feet of engineered channel.

The North American Industry Classif ication System (NAICS) code for this acquisition is 237990; Other Heavy and Civil Engineering Construction w ith a small business size standard of $36.5M.

This is an unrestricted ("full and open") procurement.

The estimated magnitude of construction is betw een $25,000,000 and $100,000,000.

ARAGON N LIEBZEIT 651-290-5418

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-Jul-2019

(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 _______10 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 ALTI

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 __________7 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________05 Sep 2019 (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 offers are due.

B. An offer guarantee is, X 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 _______180 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

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 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:

W912ES19R0019 1 OF 213

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

W912ES19R0019

Table of Contents

TABLE OF CONTENTS

SECTION 00 10 00 – SOLICITATION

BID SCHEDULE

SECTION 00 20 00 ‐ INSTRUCTIONS FOR PROCUREMENT

52.204‐7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.215‐1 INSTRUCTIONS TO OFFERORS‐‐COMPETITIVE ACQUISITION (JAN 2017)

52.216‐1 TYPE OF CONTRACT (APR 1984)

52.217‐5 EVALUATION OF OPTIONS (JUL 1990)

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)

52.225‐12 NOTICE OF BUY AMERICAN ACT REQUIREMENT‐‐ CONSTRUCTION MATERIALS (MAY 2014) ‐

ALTERNATE I (MAY 2014)

52.233‐2 SERVICE OF PROTEST (SEP 2006)

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

52.236‐28 PREPARATION OF PROPOSALS‐‐CONSTRUCTION (OCT 1997)

SECTION 00 21 16 ‐ INSTRUCTIONS TO PROPOSERS

PROPOSAL SUBMISSION REQUIREMENTS AND EVALUATION CRITERIA

SAM REGISTRATION

OFFEROR INQUIRIES

AMENDMENTS

QUANTITIES

PRICING EXTENSIONS

EVALUATION OF SUBDIVIDED ITEMS

ALL OR NONE QUALIFICATIONS

RESPONSIBILITY DETERMINATION

PROPOSAL REQUIREMENTS AND EVALUATION METHODOLOGY

52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

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

52.209‐7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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) .. 36

SECTION 00 70 00 ‐ CONDITIONS OF THE CONTRACT

52.210‐1

MARKET RESEARCH

APR 2011

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)

52.203‐13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

52.203‐17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

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) 52.204‐10 REPORTING EXECUTIVE COMPENSATION AND FIRST‐TIER SUBCONTRACT AWARDS (OCT 2018)

52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

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 (OCT 2018).. 57 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)

52.211‐13 TIME EXTENSIONS (SEP 2000)

52.211‐18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.215‐2 AUDIT AND RECORDS‐‐NEGOTIATION (OCT 2010)

52.215‐11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA‐‐MODIFICATIONS (AUG 2011)

52.215‐13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA‐‐MODIFICATIONS (OCT 2010)

52.215‐19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

52.215‐21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR

PRICING DATA ‐‐ MODIFICATIONS (OCT 2010)

52.217‐7 OPTION FOR INCREASED QUANTITY‐‐SEPARATELY PRICED LINE ITEM (MAR 1989)

52.219‐4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (DEVIATION 2019‐O0003)

52.219‐8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

52.219‐9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2018‐O0018) (AUG 2018)

52.219‐16 LIQUIDATED DAMAGES‐SUBCONTRACTING PLAN (JAN 1999)

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 2018)

52.222‐6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

52.222‐7 WITHHOLDING OF FUNDS (MAY 2014)

52.222‐8 PAYROLLS AND BASIC RECORDS (AUG 2018)

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 (DEC 2010)

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)

52.223‐3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

52.223‐6 DRUG‐FREE WORKPLACE (MAY 2001)

52.223‐9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA‐DESIGNATED ITEMS (MAY 2008)

52.223‐11 OZONE‐DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (JUN 2016)

52.223‐15 ENERGY EFFICIENCY IN ENERGY‐CONSUMING PRODUCTS (DEC 2007)

52.223‐17 AFFIRMATIVE PROCUREMENT OF EPA‐DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS (AUG 2018)

52.223‐18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

52.223‐20 AEROSOLS (JUN 2016)

52.223‐21 FOAMS (JUN 2016)

52.225‐11 BUY AMERICAN‐‐CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016)

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)

52.228‐11 PLEDGES OF ASSETS (AUG 2018)

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 (OCT 2018) .. 141

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)

52.233‐3 PROTEST AFTER AWARD (AUG. 1996)

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

52.236‐1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

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)

52.236‐16 QUANTITY SURVEYS (APR 1984) ‐ ALTERNATE I (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)

52.242‐5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)

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 (OCT 2018)

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)

252.203‐7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

252.203‐7004 DISPLAY OF HOTLINE POSTERS (OCT 2016)

252.204‐7000 DISCLOSURE OF INFORMATION (OCT 2016)

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

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) 173 252.205‐7000 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)

252.215‐7008 ONLY ONE OFFER (OCT 2013)

252.219‐7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (DEC 2018)

252.223‐7001 HAZARD WARNING LABELS (DEC 1991)

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

252.223‐7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

252.225‐7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)

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

252.225‐7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (JUN 2011)

252.225‐7048 EXPORT‐CONTROLLED ITEMS (JUNE 2013)

252.227‐7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

252.232‐7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

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)

252.242‐7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (MAY 2011)

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)

SECTION 00 72 00 ‐ GENERAL CONDITIONS

SECURITY REQUIREMENTS

SECTION 00 73 00 ‐ SUPPLEMENTARY CONDITIONS

SUPPLEMENTARY CONDITIONS

WORK PERFORMED BY THE CONTRACTOR

MATERIAL SOURCES

PARTNERING

VARIATIONS IN ESTIMATED QUANTITIES, SUBDIVIDED ITEMS

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

INSURANCE

INVOICE PROCEDURES

UNAVAILABILITY OF UTILITY SERVICES

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

PURCHASE ORDERS

LABORATORY AND TESTING FACILITIES

BASIS FOR SETTLEMENT OF PROPOSALS

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

APPARENT CLERICAL MISTAKES

LIST OF ATTACHMENTS

ENVIRONMENTAL SUSTAINABILITY

EPA DESIGNATED (CPG)

SAFER CHOICE

BIO‐BASED

ENERGY STAR

EPEAT

SUSTAINABLE PRODUCT REPORTING

ASSET TAKE‐BACK

FEMP

WATERSENSE

SUBCONTRACTING PLAN CONDITIONS

WAGE DETERMINATION

Base Bid

CLIN Description Quantity Unit Unit Price Total Price

0001 Performance and Payment Bonds 1 JOB 0002 Demolition 1 JOB 0003 Traffic Control Signs 1 Job 0004 Signs and Buoys 1 JOB 0005 Clearing and Grubbing 1 JOB 0006 Stripping 0006AA First 18,000 CY 18,000 CY 0006AB Over 18,000 CY 3,000 CY 0007 Inspection Trench 1,970 LF 0008 Excavation 0008AA First 300,000 CY 300,000 CY 0008AB Over 300,000 CY 80,000 CY 0009 Brenna Excavation 0009AA First 80,000 CY 80,000 CY 0009AB Over 80,000 CY 20,000 CY 0010 Muck Excavation 0010AA First 20,000 CY 20,000 CY 0010AB Over 20,000 CY 3,000 CY 0011 Preload Removal 58,450 CY 0012 Granular Blanket Drain 13,450 CY 0013 Settlement Plates 4 EA 0014 Wick drains 188,000 LF 0015 Riprap R470 0015AA First 3,500 CY 3,500 CY 0015AB Over 3,500 CY 500 CY 0016 Riprap R270 0016AA First 1,900 CY 1,900 CY 0016AB Over 1,900 CY 200 CY 0017 Riprap R80 0017AA First 6,200 CY 6,200 CY 0017AB Over 6,200 CY 800 CY 0018 Riprap R20 0018AA First 1400 CY 1,400 CY 0018AB Over 1400 CY 200 CY 0019 Bedding B3 0019AA First 1300 CY 1,300 CY 0019AB Over 1300 CY 150 CY 0020 Bedding B2 0020AA First 1900 CY 1,900 CY 0020AB Over 1900 CY 200 CY 0021 Bedding B1 0021AA First700 CY 700 CY 0021AB Over 700 CY 100 CY 0022 Geotextile ‐ Type 1 67,000 SY 0023 Geotextile ‐ Type 2 12,500 SY 0024 Aggregate Surface 3,350 TON 0025 Topsoil Respread 0025AA First 21,000 CY 21,000 CY 0025AB Over 21,000 CY 4,000 CY 0026 Mulch for Preload Embankment 3 AC 0027 Seeding 52 AC 0028 Turf Reinforcement Mat (TRM) 15,200 SY 0029 Access Gates 1 EA 0030 Pile Load Test 1 JOB

W912ES19R0019

Section 00 10 00 - Solicitation

Schedule of Items

0031 Steel H‐Pile (HP 14x73) 0031AA First 50,000 LF 50,000 LF 0031AB Over 50,000 LF 12,000 LF 0032 Steel H‐Pile (HP 14x102) 0032AA First 2,000 LF 2,000 LF 0032AB Over 2,000 LF 900 LF 0033 Steel Pipe Pile (24" x 3/4") 0033AA First 5,800 LF 5,800 LF 0033AB Over 5,800 LF 600 LF 0034 Steel Sheet Pile 0034AA First 24,000 SF 24,000 SF 0034AB Over 24,000 SF 4,000 SF 0035 Sand Drain 3,200 CY 0036 Toe Drain Pipe System 1 JOB 0037 Structural ‐ Dam Walls 1 JOB 0038 Structural ‐ Approach Walls/Approach Apron 1 JOB 0039 Structural ‐ Control Structure/Stilling Basins 1 JOB 0040 Tainter Gates 1 JOB 0041 Trunnion Girder 1 JOB 0042 Gate Operating Equipment 1 JOB 0043 Dewatering System 1 JOB 0044 Control Building 1 JOB 0045 Utility Service 1 JOB 0046 Electrical ‐ Structures 1 JOB 0047 PLC Control System 1 JOB 0048 Camera System 1 JOB

Total Base Bid

Option 1 Description Quantity Unit Unit Price Total Price

1001 Performance and Payment Bonds 1 JOB 1002 Demolition 1 JOB 1003 Traffic Control Signs 1 Job 1004 Stripping 1004AA First 7,000 CY 7,000 CY 1004AB Over7,000 CY 1,000 CY 1005 Inspection Trench 510 LF 1006 Dam Embankment 1006AA First 40,000 CY 40,000 CY 1006AB Over 40,000 CY 9,200 CY 1007 Geotextile ‐ Type 2 7,100 SY 1008 Topsoil Respread 1008AA First 5,000 CY 5,000 CY 1008AB Over 5,000 CY 500 CY 1009 Aggregate Surface 2,000 TON 1010 Seeding 27 AC 1011 Turf Reinforcement Mat 4,200 SY 1012 Access Gates 2 EA

Total Option 1

Grand Total

Section 00 20 00 ‐ Instructions for Procurement

52.204‐7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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

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

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

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

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

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

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

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

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

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

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

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

(End of Provision)

52.215‐1 INSTRUCTIONS TO OFFERORS‐‐COMPETITIVE ACQUISITION (JAN 2017)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, 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 proposals; or

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

(3) It is the only proposal received.

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

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals 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.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.216‐1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of one firm-fixed-price contract resulting from this solicitation.

52.217‐5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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

0.7% 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 near Fargo, ND (Cass County).

52.225‐12 NOTICE OF BUY AMERICAN ACT REQUIREMENT‐‐ CONSTRUCTION

MATERIALS (MAY 2014) ‐ ALTERNATE I (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country 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 Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute or Balance shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country 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.

52.233‐2 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

Contracting Officer U.S. Army Corps of Engineers St. Paul District, Contracting Division 180 East Fifth Street #700 St. Paul, Minnesota 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.

Offerors may view the site on their own time and at their own risk. The location of the unorganized site visit is northeast and northwest of the intersection of 49th St SE and 173rd Ave SE, Sections 2 and 3, Township 137N, Range 49W; approximately 12 miles southwest of the City of Fargo, ND (Cass County).

46°42'20.69"N 96°50'12.73"W

52.236‐28 PREPARATION OF PROPOSALS‐‐CONSTRUCTION (OCT 1997)

(a) Proposals 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 proposal must initial each erasure or change appearing on any proposal form.

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

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

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

Section 00 21 16 ‐ Instructions to Proposers

Proposal Submission Requirements and Evaluation Criteria See the “Basis of Award” section for the proposal submission requirements and evaluation factors for award.

SAM Registration All offerors must register and complete online representations and certifications in the System for Award Management (SAM) at www.sam.gov prior to the solicitation closing due date and time. Offerors that have not registered or completed their online representations and certifications may be rejected. Offerors are advised that the initial registration process in SAM may take several weeks. The Government will review completed Representations and Certifications in SAM once the Request for Proposals (RFP) closes. Submission of paper copies of completed representations and certifications is NOT required with your offer.

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

To submit a new inquiry or to view inquiries submitted by other prospective Offerors, users must be registered and signed into the ProjNet system. Offerors 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: W912ES19R0019 The Bidder Inquiry “Key” Number is: 5UEZT2-7CC7EX

Offerors shall submit inquiries not later than 10 days prior to the solicitation closing due date and time as amended (if applicable) 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. Offerors are advised to review the solicitation in its entirety and to review all previously submitted questions and responses prior to submitting a new inquiry.

Amendments Any forthcoming amendments will only be available on www.fbo.gov It is the interested offeror’s responsibility to monitor this site daily at a minimum.

Quantities All Quantities are estimated except where unit is given as "EA" (each) or "JOB" (job).

Pricing Extensions 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.

Evaluation of Subdivided Items Item numbers 0006, 0008, 0009, 0010, 0015, 0016, 0017, 0018, 0019, 0020, 0021, 0025, 0031, 0032, 0033, 0034, 1004, 1006, and 1008 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

All or None Qualifications A vendor must provide a price on all items in this solicitation to be eligible for award.

The Government will award on an “All or None” basis. Evaluation of bids/offers will be based upon only the total price included on the pricing schedule for all items. If options are included in the pricing schedule the evaluation will be conducted in accordance with the applicable option clause in the solicitation. No alternative proposals will be accepted.

Responsibility Determination In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, the apparent successful offeror will be required 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 FAR clause 52.236-1.

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 responsibility information, must be received by the Contracting Officer within five (5) business days after notification from the Contract Specialist that your firm is the apparent successful offeror.

This information 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).