W912ES20Q0004 Chippewa Coffer Dam.pdf

W81G6792488748

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.

This project requires the installation of an impervious fill cofferdam and associated scour protection located on the upstream side of the Chippew a River Diversion Structure to facilitate repairs to the structure, the monitoring and maintenance of the cofferdam during the period in w hich it is in place, the removal and proper offsite disposal of cofferdam material after the repairs to the structure area complete, and restoration of the site as needed after w ork is complete. A Government crew w ill facilitate repairs to the structure itself. Projected start date of 09/08/2020.

This project is 100% set-aside for Small Business, under NAICS 237990 w ith a size standard of $39.5 million. The estimated magnitude of construction is betw een $100,000 and $250,000.

TERRY G ZENKER 651-290-5407

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

31-Jul-2020

(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 ________30 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________18 Aug 2020 (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 _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

W912ES

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 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:

W912ES20Q0004 114

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Impervious Fill Placement

FFP

MILSTRIP: W81G6792488748

PURCHASE REQUEST NUMBER: W81G6792488748

NET AMT

0001AA 1,200 Cubic

Yard

Impervious Fill Placement

FFP

First 1200 CY FOB: Destination

PSC CD: Y1KA

0001AB 400 Cubic

Impervious Fill Placement

Over 1200 CY

Impervious Fill Removal

0002AA 1,200 Cubic

First 1,200 CY

0002AB 400 Cubic

Over 1,200 CY

0003 1 Job Impervious Fill Stockpile

FFP

Per requirements at section 2-C.i and section 11-d.ii

0004 1 Job Payment and Performance Bonds

FFP

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0001AA 30 dys. ANP 1,200 N/A

0001AB 30 dys. ANP 400 N/A

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

0002AA 30 dys. ANP 1,200 N/A

0002AB 30 dys. ANP 400 N/A

0003 30 dys. ANP 1 N/A

0004 10 dys. ADC 1 CONTRACTING DIVISION

TERRY G ZENKER

USACE - ST PAUL

180 5TH STREET EAST

SUITE 700

ST. PAUL MN 55101-1678

651-290-5407

W912ES

SCOPE OF WORK

SCOPE OF WORK

CHIPPEWA RIVER DIVERSION COFFERDAM

1. Introduction: This project requires the installation of an impervious fill cofferdam and associated scour protection located on the upstream side of the Chippewa River Diversion Structure as shown to facilitate repairs to the structure, the monitoring and maintenance of the cofferdam during the period in which it is in place, the removal and proper offsite disposal of cofferdam material after the repairs to the structure area complete, and restoration of the site as needed after work is complete. A Government crew will facilitate repairs to the structure itself.

2. Measurement and Payment

a. Bonds (Performance and Payment)

i. Payment: Bonds will be paid for on a job basis in accordance with FAR 52.232- 5.

ii. Measurement: Job.

b. Impervious Fill Placement:

i. Payment: Payment will be made for furnishing all materials, equipment, and labor and performing all operations required for placement and compaction of the impervious fill for the cofferdam upstream of the Chippewa River Diversion Structure prior to work being conducted on the structure by a Government crew. All incidentals required to complete the work including, but not limited to, removal and temporary stockpiling of topsoil, existing riprap, and bedding material within the cofferdam footprint and above the existing water surface elevation; placement and maintenance of temporary cofferdam scour protection features; and installation and maintenance of erosion prevention and sediment control best management practices (BMPs) features as defined in the approved Storm Water Pollution Prevention Plan (SWPPP) shall be included in the bid price.

ii. Measurement: Impervious Fill Placement shall be measured for payment by the cubic yard and quantities determined by calculating the volume between the surveyed surface obtained prior to placement of impervious fill and the surveyed surface obtained after placement of impervious fill is complete as shown and specified.

c. Impervious Fill Removal:

i. Payment: Payment will be made for furnishing all materials, equipment, and labor and performing all operations as required for removal and proper offsite disposal of the impervious fill cofferdam once work on the Chippewa Diversion Structure by the Government crew is complete and the Contracting Officer has notified the Contractor that the cofferdam is to be removed. All incidentals required to complete the work including, but not limited to, removal and proper offsite disposal of scour protection features; removal and proper offsite disposal of BMP features; reinstallation of topsoil, riprap, and bedding material damaged or displaced due to cofferdam construction; and restoration of the site to preproject conditions shall be included in the bid price.

ii. Measurement: Impervious Fill Removal shall be measured for payment by the cubic yard and quantities determined by calculating the volume between the surveyed surface obtained after placement of the impervious fill cofferdam to the required grades and elevations is complete and the surveyed surface obtained after all impervious fill has been removed and the channel bed restored to its pre‐construction configuration.

d. Impervious Fill Stockpile:

i. Payment: Payment will be made on a job basis complete for furnishing all materials, equipment and labor and performing all operations as required for stockpiling impervious fill at the site as specified and removal and proper offsite disposal of the material after work at the site has been completed and the Contracting Officer has notified the Contractor that the cofferdam is to be removed. Payment does not include placement of stockpiled material in the cofferdam, which will be negotiated if the Contracting Officer notifies the Contractor that stockpiled material is required.

ii. Measurement: Job.

3. Staging Area, Site Access, and Work Limits: The Contractor’s use of staging areas for materials and equipment as well as site access shall be within the work limits shown.

4. Work Restrictions:

a. Utilities: The approximate locations of known existing utilities are shown on the drawings to the extent of available information at the time the drawings were prepared.

The Contractor shall be responsible for all costs related to protecting existing utilities.

Prior to commencing operations on site, the Contractor shall coordinate with the Gopher State One Call notification center to identify all buried utilities within the project area.

The contact number is (800) 252‐1166. Excavation will not be allowed onsite until locations of buried utilities have be identified. Repair of damage to any existing utilities due to the Contractor’s operations shall be the responsibility of the Contractor at no cost to the Government.

b. Traffic Control: The Contractor shall be responsible for providing safe traffic control during all phases of construction in accordance with applicable sections of the Minnesota Department of Transportation (MNDOT) 2018 publication, Standard Specifications for Construction. The Contractor shall conduct its operations in a manner that will not close or interfere in any way with traffic on public roadways except with written permission of the Contracting Officer. The Contractor shall at its own expense provide traffic control features and/or signage as well as flaggers as necessary to provide safe driving conditions for the public as well as the Contractor’s crew.

c. Protection of Trees: The Contractor shall take appropriate steps to protect existing trees at the project site from damage due to the Contractor’s operations.

Protection of trees will require the Contractor to install a 4 foot tall high visibility fence between each impacted tree and the Contractor’s operations. The fencing shall be offset from each tree a minimum of 1.5 feet for each inch of diameter of the tree. After the work is complete, the fence shall become the property of the Contractor and shall be removed from the site.

d. Protection of Fencing: The Contractor shall take appropriate steps to protect any existing fencing at the site from damage due to the Contractor’s operations. Where the fence is located in an area where the Contractor’s operations could potentially damage it, the fence shall be removed and temporarily stored on site a safe distance from the Contractor’s operations. After work is complete at the site, fencing that has been previously removed shall be reinstalled and any damaged fencing shall be replaced in kind at no expense to the Government.

e. Protection of Stairs: The Contractor shall take appropriate steps to protect the existing stairs located adjacent to the west end of the Highway 13 Bridge. Contractor access on this side of the bridge, if required, shall be west of the stairs a sufficient distance to avoid the stairs entirely.

5. Safety Requirements: All work required by this scope of work shall be conducted in accordance with the Corps of Engineers publication EM 385‐1‐1 Safety and Health Requirements Manual, current at the time the work is conducted. This includes, but is not limited to, the development of a submittal for a project specific accident prevention plan (APP). Approval of the APP is required before construction can commence. The Government will be allowed 5 working days to review the APP. Any deficiencies identified by the Government shall be addressed by the Contractor and the revised APP resubmitted. The Government will be allowed an additional 5 working days review time for each resubmitted APP.

6. Environmental Requirements: The Public Waters Work Permit 2019‐2842, National Waters Permit NWP 3, and the 401 Water Quality Certification are provided in the attachments at the end of this scope of work. The Contractor shall adhere to all requirements of these documents.

7. Mussel Relocation: The Minnesota Public Waters Work Permit requires mussels impacted by cofferdam construction and dewatering to be relocated within 60 days of initiation of construction. Government personnel will relocate the mussels. Mussel relocation must be done under specific conditions (e.g. greater than 60 degrees F air temperature and greater than 40 degrees water temperature with flows less than 500 cubic feet per second). The Contractor shall be required to notify the Government Biologist a minimum of two weeks prior to starting construction of the cofferdam to allow for removal of the mussels from the channel. The point of contact is David Potter at 651‐ 290‐5713.

8. National Pollutant Discharge Elimination System (NPDES) Permit: The Contractor shall obtain a Minnesota NPDES permit for this contract from the Minnesota Pollution Control Agency (MPCA). The Contractor is required to adhere to all requirements of the permit. Permit information is included in the attachments at the end of this scope of work. The Contractor shall be responsible for paying all fees associated with this permit.

a. Stormwater Pollution Prevention Plan (SWPPP): As part of the NPDES process, the Contractor shall develop a SWPPP in accordance with the NPDES attachment. The SWPPP shall include, but not be limited to, erosion prevention and sediment control best management practices (BMPs) features to be employed in the project. The Contractor shall submit the SWPPP for review and approval by the Government. The Government will be allowed 5 working days to review the SWPPP. Any deficiencies identified by the Government shall be addressed by the Contractor and the revised SWPPP resubmitted. The Government will be allowed an additional 5 working days review time for each resubmitted SWPPP.

b. Permit Application: The Contractor shall submit the Application for the General Stormwater Permit for Construction Activity (MN R100001) online and provide a copy to the Contracting Officer.

c. Notice of Termination: A copy of the notice of termination shall be submitted to the Contracting Officer for review and signature prior to transmitting it to the state.

9. Minnesota Department of Natural Resources (MNDNR) Notification: The Contractor shall also notify the MNDNR a minimum of two weeks prior to completion of construction of the cofferdam to allow for fish salvage at the onset of dewatering operations by the Government. The point of contract is Dave Coahran at (320) 796 – 2161.

10. Surveys: Survey information, including datum, work limits, cofferdam centerline location, channel bed profile along cofferdam centerline, and survey monuments are shown on the plans and described herein. The Contractor shall be required to complete survey work in accordance with this paragraph and the Survey Requirements section in the attachments to this scope of work. Surveys shall be required for the channel bed prior to placing impervious fill, the finished surface of the cofferdam after impervious fill is placed, and the channel bed after impervious fill has been removed and the channel has been restored to its pre‐construction configuration. Surveys shall extend a sufficient distance off the cofferdam centerline to cover the entire width of the cofferdam. All surveys shall be completed in the same format as the survey information provided.

Datum information for this project is as follows:

a. Horizontal Datum: NAD 83, MN SPCS, SOUTH ZONE ‐ U.S. SURVEY FEET

b. Vertical Datum: NAVD 88

c. Geoid: 12B

d. Combined Factor: 0.999954557

11. Cofferdam Requirements:

a. Cofferdam Material: The cofferdam shall be constructed with impervious (clay) fill obtained from an approved source identified by the Government in the attachments to this scope of work or from a Contractor selected source approved by the Government. It is the responsibility of the Contractor to negotiate with the land owner for purchase of impervious fill, determine if sufficient quantities of acceptable material is available at the source, and complete any site preparation / restoration as required by the land owner or any government regulations. For a Contractor proposed material source, the Government will require a minimum of two weeks to inspect and approve the site.

Approval of the proposed source does not imply approval of all materials at the selected source.

b. Impervious Fill Requirements: Impervious fill shall meet the current requirements for CL clay material as defined in ASTM D2487 Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System). The material shall be free of ice, snow, frozen earth, trash, debris, sod, roots, and organic matter.

c. Impervious Fill Sample: The Contractor shall provide for Government approval a minimum 25 pound sample of impervious fill from the source the Contractor proposes to use for cofferdam construction. Approval of the sample does not imply approval of all material at the selected source.

d. Cofferdam Construction and Removal:

i. Cofferdam Section: The cofferdam shall be constructed to the elevation shown with a 10 foot top width and 1 vertical on 3 horizontal side slopes on both the upstream and downstream slopes. Contractor surveys shall be used to verify that the requirements for the cofferdam section have been met.

ii. Impervious Fill Stockpile/Contingency repair: The Contractor shall place an impervious fill stockpile on site to be used only if the Contracting Officer notifies the Contractor that it is required to be placed on the cofferdam. The Contractor shall be required to place the stockpile material on the cofferdam to the configuration described by the Contracting Officer within 4 hours of Contractor notification. The stockpile is to be placed at a location within the work limits identified by the Contractor and approved by the Contracting Officer. The stockpile shall be a minimum distance of 50 feet from the top of the channel bank. The quantity of fill shall be a minimum 75 uncompacted cubic yards and shall be determined by calculating the volumetric difference between a survey of the existing ground surface prior to placing the stockpile and a survey of the stockpile after the impervious fill is placed. After work on the site by Government personnel is completed and the Contracting Officer has notified the Contractor that the stockpile can be removed, the Contractor shall remove and properly dispose of the material offsite and restore the area on which the stockpile was placed.

iii. Topsoil: Topsoil within the cofferdam footprint above the water surface elevation shall be stripped and temporarily stockpiled on site prior to placing cofferdam material.

After the cofferdam material has been removed, the stockpiled topsoil shall be placed back in the stripped area to restore the turf to preproject conditions.

iv. Riprap and bedding is present on both channel banks. Any areas where riprap and bedding is exposed above the water surface elevation shall be removed and temporarily stockpiled on site prior to placing cofferdam material. After the cofferdam material has been removed, the stockpiled rock shall be placed back on the channel bank to restore the scour protection section. The Contractor shall ensure that the stockpiled riprap and bedding is not contaminated with soils or debris while stockpiled or during placement back in the project.

v. Placement and Compaction Requirements: Compaction and lift requirements will not be required for material placed below the water surface elevation. Once the cofferdam elevation exceeds the water surface elevation, material shall be placed in maximum 12‐inch lifts and compacted by a minimum of three passes of a tracked construction vehicle with a minimum of 6 psi ground pressure.

vi. Cofferdam Tolerances: The cofferdam surface shall be finished at or above the required elevations. Cofferdam material placed to an elevation over 3 inches above the required section shall not be measured for payment.

vii. Upstream Scour Protection: The upstream slope of the cofferdam shall be protected from scour by placement of poly sheeting a minimum of 6 mils thick along the entire upstream slope, extending upstream of the upstream toe of the cofferdam a sufficient distance to prevent undermining of the slope. The poly will shall be anchored by sandbags placed on the poly surface. The number of sandbags required, sandbag configuration, and method to fix sandbags on the poly slope shall be determined by the Contractor and shall be sufficient to prevent loss or movement of the poly sheeting on the slope. The Contractor shall monitor the condition of the upstream scour protection during the time that the cofferdam is in use and immediately make repairs as needed to restore any damaged areas. In the event that movement or failure of the poly sheeting is detected by Government personnel, the Contractor shall make repairs to restore the poly within 24 hours of being notified by the Contracting Officer of the deficiencies.

viii. Cofferdam Removal: The Contracting Officer will notify the Contractor when the cofferdam is no longer required. Once notification is given, the Contractor shall be required to remove and properly dispose offsite of cofferdam material within 14 days and restore the channel to its preconstruction cross section. All cofferdam material placed shall be removed and properly disposed of offsite. Removal of all impervious fill material shall be verified by Contractor surveys.

ix. Disposal Site: The Contractor proposed disposal site(s) for materials used for this contract shall be submitted for approval a minimum of two weeks prior to initiation of construction at the site.

x. Site Restoration: The Contractor shall restore any areas damaged by its actions to preproject conditions. Any areas requiring turf restoration shall be seeded with MNDOT seed mix 25‐141 Mesic General Roadside in accordance with and at the application rate specified in the 2018 publication of the Minnesota Department of Transportation’s Standard Specifications for Construction. Any portion of any existing fencing that has been removed or damaged due to the Contractor’s operations shall be restored to preproject conditions.

12. ATTACHMENTS: (bottom of solicitation)

1. Public Waters Work Permit 2019‐2842

2. National Waters Permit NWP 3

3. 401 Water Quality Certification

4. Minnesota NPDES General Permit MN R10001

5. Approved Material Sources

6. Survey Requirements

NOTES TO QUOTERS

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 terry.g.zenker@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 3 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/

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY FULL TEXT

5152.211-9000 Evaluation of Subline Items (DEC 2019)

Item Nos. 0001 & 0002 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 subline items.

(End of provision)

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

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

0.6% 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 Chippewa River in the county of Chippewa, Minnesota

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: William Wolkerstorfer Address:

Telephone: (651) 290-5649

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):

https://www.acquisition.gov/ https://www.acquisition.gov/dfars

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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $39,500,000.00.

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2020)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

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

(e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

__ (i) Paragraph (e) applies.

__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

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

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.

(ii) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(iii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

____ (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

____ (vii) 252.232-7015, Performance-Based Payments--Representation.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

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 N/A N/A N/A N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB N/A N/A N/A Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

52.202-1 Definitions NOV 2013 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel JAN 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

52.209-6 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 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008).

MAR 2020

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 52.228-15 Performance and Payment Bonds--Construction JUN 2020 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 52.246-21 Warranty of Construction MAR 1994 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…