B.08.03 - Conformed Solicitation Amendment 0001 - W912HP22B0001 - FY22 Post 45 DI Middle Cell D_.pdf

FY21 Post 45 Daniel Island Middle Cell Dike Construction

DESCRIPTION OF WORK: The w ork consists of furnishing all plant, equipment, labor, transportation, fuel, lubricant, supplies and materials; and performing all operations in connection w ith raising dikes and berms, and installation of new spillw ay systems in Daniel Island Middle Cell Placement, including clearing and appurtenant items. The w ork is located in Berkeley and Charleston Counties, South Carolina.

Magnitude of Work: $5,000,000-$10,000,000

North American Industry Classif ication System (NAICS) Code: 237990 Other Heavy and Civil Engineering Construction w ith a SBA Small Business Size of $39,500,000.

The Contractor must be registered in Systems for Aw ard Management (SAM). If you have any questions or need assistance, contact Contract Specialist, Eve Halliburton, Evelyn.I.Halliburton-shannon@usace.army.rril

SMALL BUSINESS SET-ASDE: Total 100% Srrall Business Set-Aside

X

EVELYN HALLIBURTON-SHANNON (843) 329-8208

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

16-Sep-2021

(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 _______30 calendar days and complete it w ithin ________540 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 __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________18 Oct 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______120 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

U.S. ARMY CORPS OF ENGINEERS, CHARLESTON

DISTRICT, CONTRACTING DIVISION

69-A HAGOOD AVENUE

CHARLESTON SC 29403

W912HP

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912HP22B0001 39

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

W912HP22B0001

Section SF 30 - Block 14 Continuation Page (SF 30)

SUMMARY OF CHANGES

1. CONTRACT DRAWINGS:

DELETE Contract Drawing Sheet C-13, and REPLACE with Contract Drawing Sheet C-13 bearing the notation REVa (see attachment).

2. SPECIFICATION SECTION 35 41 00.00 34, DIKE CONSTRUCTION

DELETE PARAGRAPGH 2.16, “PIPE/RISER CONNECTION” contents:

“The connection between plastic pipe and spillway riser shall consist of a polyethylene flange connector or stub end connector (SDR 26 rating) with a metal slip-on back-up ring (or back-up flange) which shall be stainless steel or ductile iron which has been hot-dipped galvanized. Stainless steel material shall meet ASTM A563 “Standard Specification for Carbon and Alloy Steel Nuts”. Ductile iron material shall meet ASTM A536 “Standard Specification for Ductile Iron Castings”. The back-up ring shall be convoluted, rated at 150 lb. and conform to ANSI B16.5 “Standards of Pipes and Fittings” vital dimensions.”

REPLACE with:

“The connection between plastic pipe and spillway riser shall consist of a polyethylene flange connector or stub end connector (SDR 26 rating) with a metal slip-on back-up ring (or back-up flange) which shall be Type 316 stainless steel. The back-up ring shall be rated at 150 lb. and conform to ANSI B16.5 “Standards of Pipes and Fittings” vital dimensions.”

3. AUTOCAD FILES – See Attachemnt - B.08.03 – AutoCad Files

4. SITE VISIT SIGN IN SHEET – See Attachment - B.08.03 – Site Visit Sign In sheet

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

MOBILIZATION & :FFP

DEMOBILIZATION – DANIEL ISLAND PLACEMENT AREA MIDDLE

CELL

FOB: Destination

PSC CD: Z2PC

NET AMT

0002 1 Job

SITE PREPARATION - :FFP

MIDDLE CELL

0003 1 Job

EARTHWORK - :FFP

MIDDLE CELL RAISE DIKE AND BERMS

0004 5 Each

REMOVE PREVIOUSLY - :FFP

ABANDONED SPILLWAY PIPES

0005 3 Each

INSTALL NEW - :FFP

4' X 4' SPILLWAY SYSTEMS

STA. 42+96, 86+77, 103+05

0006 1 Job

INSTALL GEOTEXTILE - :FFP

STA.37+50 to 47+50 81+00 to 00+50

0007 8 Actual

Tons

AGRICULTURAL - :FFP

LIMESTONE

0008 15 Actual

Tons

FERTILIZER :FFP

0009 30 Acre

GRASSING :FFP

SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

PROPOSAL SCHEDULE

TOTAL (COMBINATION OF ALL BID ITEMS ( 0001-0009) $_________

STATEMENT

Enter prices where space is provided for ALL items. Failure to follow this instruction may render the bid non-responsive and the bid will not be considered for award.

All bidders are advised materially unbalanced bids may be rejected as non-responsive. See FAR 52.214-19 Contract Award – Sealed Bidding – Construction

ITEM DESCRIPTION AMOUNT

Section 00 21 13 - Instructions to Bidders

INSTRUCTIONS TO BIDDERS

1. PRE-AWARD INFORMATION: This Acquisition is 100% set aside for Small Businesses only. The resultant contract will be a single, firm fixed price contract for Post 45 Daniel Island Diking, Charleston, South Carolina. Please refer to FAR 14.301, Responsiveness of Bids.

2. PRIOR TO AWARD, IN ORDER TO BE DETERMINED RESPONSIVE AND

RESPONSIBLE, A PROSPECTIVE BIDDER MUST FURNISH THE FOLLOWING

INFORMATION WITHIN THE ELECTRONICALLY SUBMITTED BID:

Standard Form 1442, completed and signed by an authorized person.

Acknowledgment of all Amendments if applicable Unit and Total Pricing for all items in the bid schedule.

Bidders are required to submit a bid guarantee for this project in accordance with FAR

Clause 52.228-1, Bid Guarantee. An electronically excuted bid guarantee must be submitted with the electronic bid submission.

THESE ITEMS ARE ONLY TO BE SUBMITTED BY THE OFFEROR WITH THE

LOWEST PRICED BID.

The offeror submitting the lowest priced bid shall submit previous projects that demonstrate capability to perform all work described in this solicitation. Project narratives should clearly communicate the similarities between the past project performed and this solicitation. The offeror can submit one or a combination of previous projects to demonstrate that they are capable of performing all work described in this solicitation.

Each project submitted must include at least one of the following work requirements including:

- Compaction of disturbed fill material to create berms and/or dike building

- Compaction of fill in wet environments

- Work with soils of high moisture content/unsuitable soils

- Site drainage and/or site dewatering

Current Financial Statement (e.g. the last three years financial statement, Annual Reports, Dun and Bradstreet ratings and/or number, etc.) Provide a list of all current contracts held, total dollar value, award date, anticipated completion, performance and payment bond amount.

3. SYSTEM FOR AWARD MANAGEMENT (SAM): The Contractor must be registered and active in SAM at the time of receipt of bids in order to be eligible for award. A bidder who is not registered and active at the time of receipt of bids will not be considered for award.

4. BASIS FOR AWARD: A contract shall be awarded to the responsive and responsible, lowest priced prospective contractor. The Government will evaluate bids in response to this solicitation based upon the Total Evaluated Price without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government considering only price and the price-related factors specified elsewhere in the solicitation. The Government may reject any or all bids and/or waive informalities or minor irregularities in bids received.

5. AWARD TO RESPONSIBLE BIDDER: In accordance with FAR 9.104-1, To be determined responsible, a bidder must –

Have adequate financial resources to perform the contract, or the ability to obtain them;

Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

Have a satisfactory performance record. A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history;

Have a satisfactory record of integrity and business ethics;

Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

6. SUBMISSION OF BIDS:

The Offeror’s bid shall be submitted electronically, as described below. The Offeror’s bid shall not contain classified data. The use of hyperlinks in bids is prohibited. The offeror’s bid is due no later than 1:00 p.m. ET,October 18, 2021.

NOTE: The only authorized transmission method for bids in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS

(EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Offeror’s bid must be received by the Government by the date/time specified in the solicitation. Offerors shall submit their bid using the following link:

https://safe.apps.mil

Please send bids using the link above to Contract Specialist

Evelyn.I.Halliburton-Shannon@USACE.ARMY.MIL and Contracting Officer Addison.G.Layfield@USACE.ARMY.MIL

7. INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:

In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the SAFE site. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB).

If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

Request for Upload Code: Offerors must email the Contract Specialist Evelyn.Halliburton-Shannon at Evelyn.I.Halliburton-Shannon@usace.army.mil and Contracting Officer at Addison.G.Layfield@usace.army.mil no later than five (5) working days prior to the bid due date to receive a request code which will allow for file uploads via the SAFE site. You may not request the code any sooner than fourteen (14) calendar days prior to the bid due date as the code will be become inactive after fourteen (14) calendar days. Offerors that fail to email for request a code five (5) working days before bid submission date may not be able to receive a request code in time to upload their submission.

Submission shall be in Adobe PDF format.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.)

8. I NSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

a. Once at the SAFE website, select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

b. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

c. When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer. The Contract Specialist for this solicitation is Evelyn.I.Halliburton‐Shannon@usace.army.mil and the Contracting Officer is Addison.G.Layfield@usace.army.mil. The E-Mail address of the Government Employee who initiated the request code will be automatically entered.

d. The Bidder must enter the E-Mail address for both the Contracting Officer and Specialist. The Bidder can enter an additional E-Mail address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your bid is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

e. Even if you successfully upload your bid to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Bidder can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents may more quickly upload into the SAFE website when using the Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

9. RECEIPT OF SUBMISSIONS: For the purposes of establishing whether a bid submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For bids larger than the 2GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The Government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive bids. Offerors are responsible for ensuring that bids are submitted so as to reach the designated recipient. Offerors are responsible for allowing for allowing sufficient time for the bid to be received in accordance with the instructions provided.

10. BIDDER INQUIRIES: Submit technical inquiries and questions relating to this solicitation via Bidder Inquiry in ProjNet at (https://www.projnet.org) at least 7 calendar days prior to the date established in the IFB for receipt of bids. If a Bidder believes that the requirements in this Invitation for Bid contain an error, omission, or are otherwise unsound;

immediately notify the Contract Specialist in writing with supporting rationale. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment or question will receive an acknowledgement via email, followed by an answer after it has been processed by our technical team. All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted on the Beta.SAM in the form of a report generated from ProjNet as soon as the comment/question entering period is over and answers are all finalized.

INVITATION FOR BID NO.: W912HP22B0001

TITLE OF PROJECT: FY22 Daniel Island Middle Cell Dike Construction

BIDDER INQUIRY KEY: 78ETZY-FZ5RTP

Specific Instructions for Initial ProjNet Bid Inquiry Access:

a. From the ProjNet home page, click on Quick Add on the upper right side of the screen.

b. Identify the Agency as USACE.

c. Key. Enter the Bidder Inquiry Key listed above.

d. Email. Enter the email address you would like to use for communication.

e. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

f. Enter your First Name, Last Name, Company, City, State, Phone, Email, secret

Question, Secret Answer, and Time Zone. Remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

g. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access: Steps 1 through 3:

Same as Above.

d. Email. Enter the email address you used to register previously in ProjNet.

e. Click Continue. A page will then open asking for the answer to your Secret Question.

f. Enter your Secret Answer and click Login. Once this is completed, you are logged into the system.

11. VIRTUAL BID OPENING: Individuals interested in participating in the virtual bid opening can participate by following these instructions:

Interested individuals will navigate to the WEBEX link below and enter their email address and name. Please provide your full name and information. This information will be utilized to obtain the list of attendees at the virtual bid opening.

Upon entering the WEBEX room, you will choose the audio option for “Call Me” and enter your phone number to join the conference call. Upon entering the phone number, WEBEX will call the number you entered. Answer the phone, enter the security code noted below, and speak your name clearly. You will now have entered the audio portion of the WEBEX meeting. The bids will be read aloud and individuals will be able to view the information on the WEBEX screen as the bids are entered into a bid tabulation sheet.

WEBEX Meeting Information:

https://usace1.webex.com/usace1/j.php?MTID=m53ef98f8b3c6b0a611cbc098f115fe52 Meeting number: 2763 862 1752 Password: WwQvk99h4u*

Join by video system

Dial 27638621752@usace1.webex.com You can also dial 207.182.190.20 and enter your meeting number.

Join by phone +1-844-800-2712 US Toll Free +1-669-234-1177 US Toll Access code: 276 386 21752

The WEBEX virtual bid opening will begin at 2:00 p.m. ET on October 18, 2021.

WEBEX participants should be logged into the WEBEX room and audio portion at least 5 minutes prior to avoid missing any of the virtual bid opening.

A list of attendees and a bid abstract will be posted to the solicitation notice on https://SAM.gov approximately within 2 days after the virtual bid opening.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.232-13 Notice Of Progress Payments APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within ____ calendar days ( 120 calendar days unless a different period is inserted by the bidder) from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

(End of provision)

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

30% (Berkeley)

30% (Charleston) 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 Charleston and and Berkeley Counties, South Carolina.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from U.S. Army Corps of Engineers, Charleston District, Contracting Division 69-A Hagood Avenue, Charleston, SC 29403.

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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.

A pre-proposal site visit is established and planned for 6 October 2021 at 10:00am ET. Due to the project location being located on the property of the South Carolina State Ports Authority, we will be escorted onto the site. We will meet at 10:00am ET at 1651 Oak Leaf Street, Charleston SC, 29492. The site visit will begin once all attendees have checked in at the address provided.

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/far

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(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 DFAR (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

52.228-15 Performance and Payment Bonds--Construction JUN 2020

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.

(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:

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

X (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.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in…