A22_W912ES19T0127_Lake_Winni_Scour_Repair.pdf

W81G6792197066

This project consists of providing embankment scour repairs at Lake Winnibigoshish Dam Recreation Area. The Lake Winnibigoshish Dam Recreation Area is located in Itasca County Minnesota, 17 miles northw est of Deer River MN off Itasca County Highw ay 9.

This solicitation is issued as a Request for Quote (RFQ) under the authority of FAR Part 13 - Simplified Acquisition Procedures, and is 100% set-aside for small business concerns. The estimated range for this project is betw een $25,000 and $100,000.

The NAICS code for this procurement is 237990 - Other Heavy and Civil Engineering Construction. The size standard for this NAICS is $39,500,000.

In accordance w ith FAR 28.102-1(b), payment protection is required for any resultant contract greater than $35,000. If contract aw ard is for under $35,000, no payment protection is required.

SCOTT E HENDRIX 651-290-5406

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

06-Sep-2019

(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 _______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

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 __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________20 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 of fers 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 _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

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

10:00 AM (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:

W912ES19T0127 43

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

Section 00 10 00 - Solicitation

SCOPE OF WORK

1.1 GENERAL

The Contractor shall install riprap on the northeast embankment, remove a stump on the embankment slope, and grout a void beneath the surface of the grouted riprap. The Lake Winnibigoshish Dam Recreation Area is located in Itasca County Minnesota, 17 miles northwest of Deer River MN off Itasca County Highway 9. The site is an USACE managed facility utilized by the public. The address is 56636 County Road 9, Deer River, MN 56636.

1.2 MEASUREMENT AND PAYMENT

The payment provided for in the contract shall constitute full compensation for furnishing all materials and for performing all work under the contract in a complete and acceptable manner. The contract work shall include providing plant, equipment, tools, supplies, labor, supervision, incidental materials, quality control, environmental protection, performance and payment bonding, meeting safety requirements, and for performing all work required for which separate payment is not otherwise provided. Compensation for all work shown, specified, or essential to completion of the project (whether or not the specific material or operation is indicated) shall be included on the bidding schedule. The payment provided for in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to conditions of the contract. Payment for each contract line item will constitute full compensation for furnishing the materials and constructing the work complete in place as specified.

1.2.1 Site Work

1. Payment: Payment will be made on a job basis complete for furnishing all materials, equipment, labor and performing all operations required to complete erosion prevention, safety/traffic signage, fencing, removal and offsite disposal of the stump on the embankment slope as well as organic material for R80 riprap placement, placing winter mulch, and final jobsite clean-up. All incidentals required to complete the work shall be included in the bid price.

2. Unit of Measure: Job

1.2.2 Turf Restoration

1. Payment: Payment will be made on a job basis complete for furnishing all materials, equipment, and labor required to complete turf restoration. This includes the placement of topsoil and seeding and mulching material as specified. All incidentals required to complete the work shall be included in the bid price.

2. Unit of Measure: Job

1.2.3 Grout Void beneath Existing Grouted Riprap

1. Payment: Payment will be made on a job basis complete for furnishing all materials, equipment, labor and performing all operations required to grout the void beneath the grouted riprap surface as shown and specified. All incidentals required to complete the work shall be included in the bid price.

2. Unit of Measure: Job.

1.2.4 R80 Riprap

1. Payment: Payment will be made for furnishing all materials, equipment, and labor and performing all operations necessary to furnish and install R80 riprap as shown and specified. All incidentals required to complete the work shall be included in the bid price. All stone permitted by the Contracting Officer to remain outside the tolerances specified shall be deducted from the quantity for which payment will be made. Volume of excess stone shall be computed by comparing the thickness of the riprap section with the specified thickness.

2. Measurement: R80 riprap shall be measured for payment by the ton (2,000 pounds avoirdupois). Quantities shall be computed to the nearest whole ton. Weight tickets shall include time, date, truck number, and weight.

Weight tickets furnished by a public weigh master shall be acceptable.

3. Unit of Measure: Ton.

1.3 ACCESS/SITE VISIT

Access to the site shall be from the parking lot located near the embankment on the east side of the dam control house as shown in the Figures attached. Contractors are encouraged to visit the site prior to bidding. Visits can be prearranged by contacting Jeff Steere at Lake Winnibigoshish Dam Recreation Area (651-290-5808) or by email at jeffrey.l.steere@usace.army.mil, Monday – Friday between the hours of 8:00am and 4:30pm.

1.3.1 Work restrictions/constraints:

1. The Contractor and its subcontractors and suppliers shall avoid the culturally sensitive area noted in the Environmental Compliance Review (ERC) dated June 20, 2019. The ERC document is provided in the attachments.

2. The project site is located on a busy county road, the Contractor shall take precautions to warn approaching traffic when equipment and material deliveries are entering and exiting the project site.

1.3.2 Work hours: Permitted work hours are Monday through Friday from 7:00am to 6:00pm except on holidays (no work shall be performed). The Contracting Officer (CO) must approve work outside of these hours prior to work commencement.

1.3.3 Location of Utilities: The Contractor is responsible for locating all utilities prior to starting the work. Any damages to the site utilities is the responsibility of the Contractor to repair.

1.3.4 Power: Electrical power is available near the work site.

1.3.5 Sanitary Facilities: The Contractor may utilize Government restroom facilities during construction.

1.4 SAFETY

1.4.1 All work shall be conducted in accordance with all federal, state and local laws and regulations and the current publication of the Corps of Engineers EM 385-1-1 Safety and Health Requirements Manual. The manual is available at the Corps of Engineers web site: https://www.usace.army.mil/Safety-and-Occupational- Health/Safety-and-Health- Requirements-Manual/.

1.4.2 Safety fence: The Contractor shall install safety fence around the work area to prevent access to the work site by the public.

Additionally, the Contractor shall install fence to block off the culturally sensitive area located north of the parking area to ensure the area is not used for material staging or equipment traffic. See Figure 2 for the area to avoid during construction.

1.4.3 Traffic warning/control plan: Access to the project site is off a busy county highway and near a bend in the road. The Contractor shall provide a traffic warning and control plan for review and approval by the Government.

1.5 SUBMITTALS

1.5.1 Prior to initiation of work on the site, the Contractor shall submit for approval 1) a traffic warning/control plan, 2) an erosion prevention plan identifying the types and extents of erosion protection features to be placed, 2) a work plan that details the sequence and scheduling of the proposed work (include site prep/fencing), 3) the riprap material source and 4) an accident prevention plan (APP) meeting the requirements of EM 385-1-1.

1.5.2 All preconstruction submittals shall be submitted within 10 working days of contract award, and prior to the pre-construction meeting. The Contractor shall allow for 10 working days for the Government review and approve or disapprove all submittals.

1.5.3 The Contractor shall submit certificates from the seed mix supplier documenting that the mixes meet the requirements of this scope of work. The certificates shall be provided a minimum of 5 working days prior to placing the seed.

1.6 PRECONSTRUCTION MEETING

After the Contractor has been given the notice to proceed, the Contractor shall attend a preconstruction meeting with the Contracting Officer Representative (COR) at the U.S. Army Corps of Engineers office at the Lake Winnibigoshish site. The purpose of this meeting is to discuss the construction schedule, safety, work area and traffic constraints, work hours, scope of work, and to review other contract requirements. All work shall be coordinated with the Contracting Officer and site personnel.

1.7 PERMITS

The proposed work is covered by Nationwide Permit 3 (Maintenance) per the Environmental Compliance Review dated June 20, 2019. Permit document is provided in the attachments.

1.8 CONTRACT PERIOD

All work shall be completed within 60 days after award. Once the Contractor begins work, the work shall proceed and be completed in a continuous manner, including final clean-up of the site. The work shall be scheduled and performed to cause as little disruption to normal operations as possible.

1.9 DESCRIPTION OF WORK

The Contractor shall remove, reinstall, and/or replace the wood fence located at the parking area as required for embankment-site access.

Figures are provided in the Appendix illustrating the proposed work.

1.9.1 Erosion prevention: Prior to work commencement, the

Contractor shall provide erosion protection as required to meet the requirements of the Nationwide Permit 3 (Maintenance) and Clean Water Act Section 401 Water Quality Certification.

These documents are provided in the attachments. As part of the erosion prevention, the Contractor shall install a two-part erosion containment system consisting of a floatation silt curtain in the water and a silt fence or vegetative roll on the land.

1.9.2 Safety: The Contractor shall execute safe working operations at all times. This includes but is not limited to safety fencing to denote the area of construction, fencing to demark the culturally sensitive area, and a method to caution traffic when site work equipment or delivery trucks are entering and exiting the site from County Road 9.

1.9.3 Site preparation: The Contractor shall remove the existing tree stump by grubbing (such as with a backhoe or frost ripper) including all roots greater than a 3-inch diameter prior to installation of the riprap material. The tree stump and organic materials shall be disposed of offsite in accordance with all local, county, state, and federal regulations.

1.9.3 Grout Void beneath Grouted Riprap: The Contractor shall fill the void in the existing grouted riprap located near the abutment.

Placement quantities are estimated at less than 10 cubic feet of material.

1.9.4 Riprap Installation: All riprap shall be placed in general conformance with ASTM D6825. The R80 riprap berm at waterline shall be placed along the toe of the existing grouted riprap for approximately 35 linear feet. Riprap shall be placed a maximum distance of 5 feet from the shoreline and extend upslope at the angle of repose of the riprap to touch the toe of the grouted riprap section. The blue line in Figure 2 illustrates this.

The Contractor shall install R80 riprap revetment north of the existing grouted riprap at a thickness of 24 inches, upslope to the scour line (or the full embankment), and not to exceed 100 linear feet from existing grouted riprap. At the shoreline, the riprap shall be placed a maximum distance of 5 feet from the shoreline and extend upslope at the angle of repose of the riprap. The orange lines in Figure 2 illustrate this.

Any areas found to be less than 80% of the specified thickness shall be corrected. The specified tolerance above the section thickness is 8 inches.

This limit of tolerance shall not be continuous in any direction for an area greater than 200 sf. Any quantities in excess of the tolerance limits identified here shall be deducted from the riprap quantity used for payment. A conversion factor of 1.4 tons/CY shall be used to determine the excess quantity.

1.9.5 Clean-up/Turf Restoration: The Contractor is responsible for clean-up and disposal of all debris offsite in accordance with local, county, state and federal regulations. The Contractor is responsible for restoring the site to pre-project conditions.

This work includes but is not limited to placing topsoil, seeding, mulching, and maintenance of any grass covered areas disturbed by the construction operations, embankment repair, and removal of any organic material and vegetation required to make repairs.

1.9.5.1 Topsoil and Seeding: Topsoil shall be placed to a minimum 4-inch thickness to form a smooth uniform surface on which seed and mulch is to be placed. Seed shall be placed at the application rates as specified in MNDOT Standard Specification for Construction using standard seeding methods. Both seed mixes shall be placed during the identified seeding window for seed mix 25-131 as specified in Table 2575-1 in MNDOT Standard Specification for Construction. Mulch shall be placed to provide a smooth uniform surface on the turfed area. If the Contractor so chooses to employ a seeding method that applies the seed and mulch in one operation, the finished surface shall provide uniform coverage of the turfed area.

1.9.5.2 Protection and Maintenance of Turfed Area: The Contractor shall protect seeded areas by erecting temporary barriers or fencing to prevent pedestrian or vehicle traffic from entering the seeded area during the turf establishment period. The turfed area shall be watered as necessary to until seed is fully established. Turf shall be considered to be fully established if there is a minimum of 100 grass plants per square foot and is reasonably free of weeds and visual imperfections as assessed by the Contracting Officer.

1.9.6 The Contractor shall perform work appropriately to prevent damage to existing site features. If damage occurs, Contractor shall repair, at no expense to the Government, features such as pavement, sidewalk, guardrail, wooden fencing, or turf, damaged by the Contractor.

PART 2. SPECIFICATIONS FOR GROUT, RIPRAP, AND TURF

RESTORATION

2.1 GROUT FOR VOID IN GROUTED RIPRAP AREA

The method used by the Contractor to fill the void shall provide a means for air to escape as the void is being filled and shall not erode underlying soils or break the surface of the existing grouted concrete. The Contractor shall be able to control the flow of grout. The grout shall not be allowed to leak out or into the lake.

a. Prior to concrete placement, the voided area shall be cleaned by removing loose rock and debris. The Contractor shall take care removing loose material to maintain the integrity of the existing grouted riprap, as the grouted riprap will be acting as a form for the concrete placement.

b. Filling the void requires port(s) drilled or hammered through the existing grouted surface. Due to the historical nature of the grouted riprap, the Contractor shall take care not to disturb or remove material beyond what is necessary for filling the voids.

c. Material shall be a pre-package product intended for grouting, consisting primarily of Portland cement and sand in proportions to achieve a slump of 7 inches to a maximum of 8 inches.

d. Placement of grout shall be by gravity only and with no pumping pressure.

2.2 RIPRAP INSTALLATION

2.2.1 Riprap shall be R80 durable stone of a quality suitable to ensure permanence in the structure and in the climate in which it is to be used. Stone shall be free from cracks, seams, and other defects that would unduly increase deterioration from natural causes. The shape of the stone shall be such that no more than 15 percent by weight of the individual stones shall have a breadth or thickness less than one-third its length.

2.2.2 Riprap Sources: The Contractor shall provide riprap from a source identified by the Contractor and approved by the Government. Evaluation of riprap sources will be by site inspection. The Contractor shall submit the proposed source to furnish the stone. The Government will evaluate the source and reply within 10 working days.

A quarry or pit investigation shall be performed by a Government geologist or engineer to determine whether materials with acceptable durability can be produced from the proposed source. If the source is an undeveloped quarry or if the source is a quarry for which the operation has been dormant for more than one year such that the quarry face is weathered, the Contractor shall expose fresh rock for 20 feet horizontally and for the full height of the face proposed for production, prior to the field evaluation. The Government will consider service records for stone of a similar size, placed in a similar thickness and exposed to weathering under similar conditions as are anticipated for this contract. The Government may choose to accept the source based on rock classification, geologic evaluation, and service records that show that the stone is durable to the satisfaction of the Government. If the Contractor’s proposed site is not approved, the Contractor shall obtain riprap from one of the approved sources. Rock from an approved source must still satisfy the requirements defined in the paragraph above.

2.2.3 Riprap Gradation: Riprap used for this project shall meet the gradation requirements for R80 riprap as shown in the in the gradation attachments to this scope of work.

Prior to bringing material on site, the Contractor shall meet with the Contracting Officer’s Representative (COR) at the riprap source to determine the acceptability of the riprap gradation. If there is disagreement between the Contractor and the COR as to the acceptability of the gradation, a gradation test shall be conducted. If the gradation is determined to be acceptable, the Government will reimburse the Contractor for costs associated with the gradation test. If the gradation is found to be unacceptable, the Contractor shall adjust its operations to achieve an acceptable gradation. Costs for any subsequent testing to verify acceptability of the gradation shall be borne by the Contractor.

2.2.4 Gradation Test Method: The riprap material and gradation shall be viewed and approved by the Contracting Officer’s Representative prior to delivery. The gradation shall be evaluated based on ASTM D5519. If the Contractor disagrees with the COR’s determination, the Contractor may conduct a gradation test at its expense following the ASTM testing methods A,B,C or D. The weight of the stones shall be summed for each weight class; after which calculations and a plot of the gradation shall be completed in accordance with accepted practice for soil and aggregate gradations. Two different gradation methods, including sample calculations, and a riprap gradation plot are in the attachments at the end of this scope of work.

W912ES19T0127

2.3 TURF RESTORATION

Required seed mixes and associated application rates shall be as specified in the current version of the MNDOT Standard Specification for Construction. MNDOT seed mix 32-241 shall be used for the embankment slopes adjacent to the riprap. MNDOT 25-131 shall be used for the areas upland around the sidewalk and parking lot.

The Contractor shall provide adequate topsoil for the seed material to establish. Topsoil shall be a natural, friable soil that is representative of productive, well-drained soils in the area, that are free of subsoil, stumps, rocks larger than one-inch diameter, brush, weeds, toxic substances, and other material detrimental to plant growth.

If the work required prior to seeding is completed after September 20, the Contractor shall provide and install only a temporary mulch over the disturbed turf for the winter season with topsoil, seeding, and mulching completed the following spring.

Mulch shall consist of straw or paper fiber. Straw mulch shall consist of wheat, oat, or rye straw, hay, grass, or other plants approved by the Contracting Officer. Mulch materials shall be native to the region. The mulch material shall be air dry, reasonably light in color, and shall not be musty, moldy, caked, or otherwise of low quality. The mulch shall be seed free or fumigated to prevent introduction of weeds. The use of mulch that contains noxious weeds will not be accepted. Dry mulching material that breaks and does not bend is unacceptable. Mulch shall have a consistency for placing with commercial mulch blowing equipment.

Paper fiber mulch shall be recycled newsprint that is shredded for the purpose of mulching seed. Figure 3 shows anticipated turf restoration area.

ATTACHMENTS:

Attachment 1 - Figures 1,2, and 3: Site photos and illustrations of proposed work; 3-pages

Attachment 2 - Environmental Compliance Review dated June 30, 2019; 4-pages

Attachment 3 - Nationwide Permit 3 (Maintenance); 8- pages Attachment 4 - Clean Water Act Section 401 Water Quality Certification; 5-pages Attachment 5 - Riprap gradation testing worksheets (Method A and Method

B); 2-pages

Attachment 6 - Riprap gradation plot; 1-page

SUBMITTAL INSTRUCTIONS

This solicitation is a Request for Quotes (RFQ), which should result in one firm fixed price contract. This solicitation is not an invitation for bids (IFB) or request for proposals (RFP).

Please submit your quote as a PDF attachment to an email sent to Scott.E.Hendrix@usace.army.mil

Quotes shall be evaluated by price and past performance.

Quotes shall contain the following:

Complete Blocks 14, 15 and 20 a-c (with signature in block 20b) on the SF 1442 Complete the Schedule of Services (Price Schedule) Complete 52.204-8 Annual Representations and Certifications (Oct 2018) Provide up to five past performance references. Information should include contact information and reference the contract number if any are government contracted services.

All pricing (unit, total, subtotal, grand total, etc.) must be in whole penny amounts.

Offeror shall be registered in SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Reps and Certs sections with the NAICS code applicable to the solicitation.

For assistance with SAM, please contact:

SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S. Calls 866-606-8220 Service desk website: http://www.fsd.gov/

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Bonds

FFP

FOB: Destination

MILSTRIP: W81G6792197066

PURCHASE REQUEST NUMBER: W81G6792197066

NET AMT

0002 1 Job Site Work

FFP

FOB: Destination

0003 1 Job Turf Restoration

FFP

FOB: Destination

0004 1 Job Grout Void Beneath Grouted Riprap

FFP

FOB: Destination

0005 150 Net Ton

(2,000

LB).

R80 Riprap - First 150 Tons

FFP

FOB: Destination

0006 150 Net Ton

(2,000

LB).

R80 Riprap - Over 150 Tons

FFP

FOB: Destination

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 10 dys. ADC 1 CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

FOB: Destination

966323

0002 60 dys. ADC 1 WINNIBIGOSHISH DAM

56787 COUNTY ROAD 9

DEER RIVER MN 56636-9358

WIN

0003 60 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 60 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0005 60 dys. ADC 150 (SAME AS PREVIOUS LOCATION)

0006 60 dys. ADC 150 (SAME AS PREVIOUS LOCATION)

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Alt I Notice of Buy American Requirement--Construction Materials (Feb 2009) Alternate I

MAY 2014

52.228-1 Bid Guarantee SEP 1996

CLAUSES INCORPORATED BY FULL TEXT

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

1.2% 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 Lake Winnibigoshish Dam Recreation Area, 56636 County Road 9, Deer River, MN 56636.

(End of provision)

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

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

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

Name: Jeff Steere Telephone: 651-290-5808

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://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmdfara.htm

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 - Representations and Certifications

52.204-8 Annual Representations and Certifications OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.209-7991 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law- Fiscal Year 2016 Appropriations

OCT 2015

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

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

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 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 SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons JAN 2019 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 52.223-17 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 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 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 AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - 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

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 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items AUG 2019 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-10 Default (Fixed-Price Construction) 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

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 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

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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

ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .60 days after date of contract award* The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by within five (5) days of submitting legally sufficient bond(s). The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

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

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 237990- assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

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

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration,…