W912HY19B0032-Specs_-_SIGNED_-_2019-07-30.pdf

SOLICITATION NO. W912HY19B0032

HOUSTON SHIP CHANNEL, TEXAS

PLACEMENT AREA 14 DIKE RAISE IN

CHAMBERS COUNTY, TEXAS

PROJECT MANUAL FOR

REPAIRS

JULY 2019

DEPARTMENT OF THE ARMY

GALVESTON DISTRICT, CORPS OF ENGINEERS

P.O. BOX 1229

GALVESTON, TEXAS

"INCREASE PROFIT - SUBMIT VECP'S"

This project was designed by the Galveston District of the U.S. Army Corps of Engineers.

The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

WILLIE J. HONZA, P.E.

CHIEF, ENGINEERING BRANCH

SWG FILE NO.: HSC 401-572 SOLICITATION NO.: W912HY19B0032

PROJECT TABLE OF CONTENTS

DI VI SI ON 00 - PROCUREMENT AND CONTRACTI NG REQUI REMENTS

00 00 00 SOLICITATION, OFFER AND AWARD, SF-1442

00 11 00.00 45 BID SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

00 45 00 REPRESENTATION AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00.00 45 SPECIAL CONTRACT REQUIREMENTS, STANDARD

00 73 46 WAGE RATES

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 10 00.00 45 NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

01 22 00.10 MEASUREMENT AND PAYMENT

01 32 01.01 45 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26.02 45 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM)

01 45 01.00 QUALITY CONTROL

01 50 00.00 45 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 20.00 45 ENVIRONMENTAL PROTECTION

01 58 13.01 45 PROJECT IDENTIFICATION

01 78 00.00 45 CLOSEOUT SUBMITTALS

DI VI SI ON 02 - EXI STI NG CONDI TI ONS

02 41 00.10 45 DEMOLITION OF EXISTING DROP-OUTLET STRUCTURE

DI VI SI ON 03 - CONCRETE

03 31 00.00 45 CONCRETE FOR MINOR STRUCTURES

DI VI SI ON 05 - METALS

05 05 23.00 45 STRUCTURAL WELDING

DI VI SI ON 09 - FI NI SHES

09 97 02 PAINTING: HYDRAULIC STRUCTURES

DI VI SI ON 31 - EARTHWORK

31 11 00.10 45 CLEARING, GRUBBING, AND REMOVAL OF DEBRIS

31 14 13.23 45 STRIPPING

31 23 16.30 45 EXCAVATION, FILLING, AND BACKFILLING FOR STRUCTURE

31 32 13.26 45 LIME-FLY-ASH SOIL STABILIZATION

31 41 16.16 45 VINYL SHEET PILING

DI VI SI ON 32 - EXTERI OR I MPROVEMENTS

32 92 19.10 45 TURFING

DI VI SI ON 33 - UTI LI TI ES

33 40 01.10 45 STEEL DRAINAGE PIPE

PROJECT TABLE OF CONTENTS Page 1

DI VI SI ON 35 - WATERWAY AND MARI NE CONSTRUCTI ON

35 20 30.00 45 DROP-OUTLET STRUCTURE

35 31 19.32 45 RIPRAP AND BLANKET STONE

35 41 00.01 45 EMBANKMENT CONSTRUCTION

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 2

THIS SOLICITATION IS BEING ISSUED AS AN UNRESTRICTED PROCUREMENT FOR HOUSTON SHIP CHANNEL, TEXAS PLACEMENT AREA 14

IMPROVEMENTS IN CHAMBERS COUNTY, TEXAS..

PER AFARS 5132.702(a)(ii)(B) "FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS ACQUISITION. NO Contract Aw ard WILL BE MADE

UNTIL APPROPRIATED FUNDS ARE MADE AVAILABLE."

ESTIMATED CONSTRUCTION RANGE (FAR 36.204) - THE ESTIMATED PRICE RANGE OF THE PROPOSED CONSTRUCTION IS BETWEEN

$5,000,000.00 AND $10,000,000.00.

X

CHRISTY L SLATER 4097663100

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-2019

(RFP)

(IFB)

CALL:

FY19 HSC PA Dike Raise

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 ________300 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 73 00.00 45

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 ______________30 Aug 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee 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 _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS

2000 POINT FORT ROAD

P.O. BOX 1229

GALVESTON TX 77553-1229

W912HY

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

W912HY19B0032

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

FAX:TEL: 409 766 3850 TEL: FAX:

W912HY19B0032 3 OF 346

W45VAK91543580

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 TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DOCUMENT 00 11 00.00 45

BID SCHEDULE

PART 1 GENERAL

1.1 BID SCHEDULE

1.1.1 Schedule No. 1

-- End of Section Table of Contents --

DOCUMENT 00 11 00.00 45 Page 1

THIS PAGE INTENTIONALLY LEFT BLANK

DOCUMENT 00 11 00.00 45 Page 2

DOCUMENT 00 11 00.00 45

BID SCHEDULE

PART 1 GENERAL

1.1 BID SCHEDULE

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.1 Schedule No. 1

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

0001 Mobilization and Demobilization 1 JOB SUM $___________

0002 Onsite Borrow Soils Geotechnical Evaluation 1 JOB SUM $___________

0003 Clearing and Stripping

1 JOB SUM $___________

0004 Semi-Compacted Dike Construction Using Onsite Clayey Soils

40,000 C.Y. $___________ $___________

0005 Semi-Compacted Dike Construction Using Onsite Stabilized Soils

120,000 C.Y. $___________ $___________

0006 Middle Drop-Outlet Structure - Rehabilitation 1 JOB SUM $___________

0007 Demolition of North Existing Drop-Outlet Structure

1 JOB SUM $___________

0008 Demolition of South Existing Drop-Outlet Structure

1 JOB SUM $___________

0009 New North Drop-Outlet Structure 1 JOB SUM $___________

DOCUMENT 00 11 00.00 45 Page 3

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

0010 New South Drop-Outlet Structure 1 JOB SUM $___________

0011 Turfing

1 JOB SUM $___________

0012 Final Construction Survey

1 JOB SUM $___________

TOTAL SCHEDULE NO. 1 $___________

NOTE: Completion time stated in SECTION 00 73 00.00 45 SPECIAL CONTRACT REQUIREMENTS, STANDARD is for Schedule No. 1 work.

-- End of Document --

DOCUMENT 00 11 00.00 45 Page 4

Section 00 21 00 - Page 1

LOCAL CLAUSES

1.1 ESTIMATED CONSTRUCTION PRICE RANGE (APR 1985) (FAR 36.204)

The estimated price range of the proposed construction is between $5,000,000 and $10,000,000.

1.2 AVAILABILITY OF PLANS AND SPECIFICATIONS ON THE FEDERAL

BUSINESS OPPORTUNITIES WEBSITE ((FBO) (FAR 5.102(a)(1)

After solicitation issuance, contractors may register to be placed on a plan holders list, view and/or download this solicitation and all amendments at the Federal Business Opportunities (FBO) website at http://www.fbo.gov/

Plans and specifications will not be available in paper format or on compact disc. It is the offeror’s responsibility to monitor the FBO website daily (using the above link) for amendments to the solicitation. You must be registered in the System For Award Management (SAM) to receive a government contract award. The website for SAM https://www.sam.gov/SAM/ .

1.3 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (18 MAR 2013)

(UAI 31.105-100)

In accordance with FAR 31.105(d)(2)(i)(b), equipment ownership and operating cost shall be determined using EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule.

1.4 PREAWARD INFORMATION CONSTRUCTION (FAR 9.105-1)

The apparent Low bidder shall, upon request of the Contracting Officer, furnish a statement within 2 working days after Bid Opening, of whether he is now or has ever been engaged in any work similar to that covered by the specifications herein, the dollar value thereof, the year in which such work was performed, and the manner of its execution, and giving such information as will tend to show the bidder's ability to prosecute the required work. The "such other information" referred to above shall include but is not limited to the following:

(a) The name and address of the office or firm under which such similar work was performed.

(b) A list of key personnel available for the instant project and their qualifications.

(c) A copy of bidder's last year's financial statement, including the names of banks or other financial institutions with http://www.sam.gov/SAM/

Section 00 21 00 - Page 2 which the bidder conducts business. Such statement will be confidential.

(d) Business Financial Condition Evaluation. The evaluation factors listed below shall be prepared by the contractor's certified public accountant.

(1) Liquidity

- Current Ratio

- Quick Ratio

(2) Leverage -Debit/Net Worth

(3) Operating Efficiency

- Return On Assets

- Asset Turnover

(4) Profitability

- % Return On Equity

- % Return On Sales

(e) A list of present commitments, including the dollar value thereof, and name of office under which the work is being performed.

(f) If bidder is a Large Business, a Sub-Contracting Plan, if required, must be submitted within 2 working days after Bid Opening.

1.5 BIDDER'S QUALIFICATIONS (FAR 9.105-1)

Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

1.6 CAUTIONS & REMINDERS TO BIDDERS (FAR 52.214-18)

All information required by the terms of the solicitation must be furnished. MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below. This checklist is furnished only to assist you in submitting a proper offer. Check as you read.

□ Have you acknowledged all amendments?

□ Have you completed SECTION 00 45 00, REPRESENTATIONS &

CERTIFICATIONS

portion of the solicitation package?

□ Is your offer properly signed?

□ If a bid guarantee is required, is it included with your offer? (A late bid guarantee is treated the same as a late offer).

□ Is your bid guarantee in the proper amount? Bid guarantee shall be in the amount of 20 percent of the amount of the offer, or $3 million, whichever is less.

□ If your bid guarantee is in the form of a bid

Section 00 21 00 - Page 3 bond, is the bond properly signed by both the bidder and surety and are all required seals affixed?

□ Is the name in which you submitted the offer the same as your bid bond?

□ If required have you entered a unit price for each item? (The solicitation will specifically state when this is necessary).

□ Are decimals in unit prices in the proper places? Are your figures legible?

□ Are the extensions of your unit prices, and your total offer price correct?

□ Are all erasures or corrections initialed by the person signing the offer?

□ I have not restricted my offer by altering the provisions of the solicitation.

REMINDER TO BIDDERS

REMINDER #1 - Acknowledge all Amendments on the reverse side of SF 1442, Item 19, Solicitation, Offer, and Award.

REMINDER #2 - The Contracting Officer signing this contract is the Primary Contracting Officer. However, any Contracting Officer assigned to the Galveston District may take formal action. See Section entitled "Specific Project Requirements".

1.7 SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC BID SUBMISSION: (FAR

14.302 and 14.304)

Bids and a copy of the SF24 Bid Bond must be submitted through the Federal Business Opportunities bid package submission via https://www.fbo.gov/ , not later than the response date and time indicated in the solicitation.

Original copies of the Bid Bond shall be submitted to USACE, Galveston District, ATTN: Christy Slater, 2000 Fort Point Road, Galveston, Texas 77553, on or before the response date and time.

SENDING FILES:

The Federal Business Opportunities bid package submission application can be accessed via https://www.fbo.gov/ under the Solicitation Number W912HY19B0032.

□ A note will be visible within the "Notice Details" sub-tab. The “Electronic Response” sub-tab indicates that the opportunity allows for electronic responses. Note, a vendor must

Section 00 21 00 - Page 4 login to the system to be able to submit electronic responses for opportunities.

□ There are two types of electronic response submissions possible:

1. Line Item Builder form (CLIN) - This can serve as a template for the items that vendors are sometimes requested to quote.

2. Document upload. Multiple documents with attachments can be loaded here.

□ Choose “Document Upload”

□ The Documents section allows the user to submit files as part of their electronic response to the opportunity.

a. The user can enter a description for every file to be uploaded, note this is optional.

b. To select a file for upload, the user clicks on the Browse button. (Note for files over 10 Mb, please use the large upload (JAVA) button). This will allow the user to select a file located on their computer for upload.

3. After selecting the file, the user can click and Add New button to select additional files for upload.

4. The user can delete any file(s) previously selected for upload by clicking on the Delete button.

5. The user has three options at the bottom of the Response page:

a. Submit saves and electronically submits the response to the government point of contact for that opportunity in the system. Note, the system will send an email to the email address on file for the user confirming the electronic submission;

b. Save as Draft saves the response created, but does not submit it to the government point of contact for the opportunity in the system; if selected, the system returns to the Notice Details tab and there is a note at the top indicating that the user has saved a draft response for the opportunity. The user can click on the blue Click here link in the note to review/submit a response.

After clicking the link to review/submit, the system opens the Electronic Response tab and displays the draft response for review.

There is a note at the top which will advise the user whether or not the response deadline has passed. If not, the user can click on the blue Click here link to make changes to the draft response and submit if ready.

c. Return does not save the response and takes the user back to the Notice Details tab for the opportunity.

1.8 BIDDER INQUIRY – PROJNET (FAR 14.211)

1. Prospective Offerors should submit questions concerning this solicitation via Bidder Inquiry in ProjNet at www.projnet.org/projnet .

A. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into the system.

http://www.projnet.org/projnet http://www.projnet.org/projnet

Section 00 21 00 - Page 5

To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

***Please Note: Offerors shall only submit one question per inquiry. Inquiries containing multiple questions may be rejected.

B. From this page, you may view all bidder inquiries or add inquiry.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

D. The Solicitation Number is: W912HY19B0032

The Bidder Inquiry Key is: DHKYM9-3PJM69

2. The Bidder Inquiry System will be unavailable for new inquires fifteen (15) calendar days prior to offer submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary

3. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S.

Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

1.9 CONSTRUCTION WAGE RATE REQUIREMENTS (FAR 52.222-6)

Paragraph entitled CONSTRUCTION WAGE RATE REQUIREMENTS of (CONTRACT CLAUSES -

Section 00 72 00, FAR 52.222-6) is applicable to this solicitation.

Wage Rates will be incorporated by amendment, if they are not included in this solicitation.

CLAUSES INCORPORATED BY REFERENCE

Section 00 21 00 - Page 6

52.204-7 System for Award Management OCT

52.204-18 Commercial and Government Entity Code Maintenance

JUL

52.214-3 Amendments To Invitations For Bids DEC

52.214-4 False Statements In Bids APR

52.214-5 Submission Of Bids DEC

52.214-6 Explanation To Prospective Bidders APR

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids

NOV

52.214-34 Submission Of Offers In The English Language

APR

52.214-35 Submission Of Offers In U.S. Currency APR

52.215-20 Requirements for Certified Cost or Pricing Data or

OCT

Information Other Than Certified Cost or Pricing Data

52.217-4 Evaluation Of Options Exercised At The Time Of Contract

JUN

Award 52.225-12 Alt II

Notice of Buy American Requirement-- Construction

JUN

Materials Under Trade Agreements (MAY 2014) Alternate II

52.232-13 Notice Of Progress Payments APR

52.232-14 Notice Of Availability Of Progress Payments Exclusively For

APR

Small Business Concerns 52.232-38 Submission of Electronic Funds Transfer

Information with

JUL

Offer 252.215-7007 Notice of Intent to Resolicit JUN

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 60 calendar days (60 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)

Section 00 21 00 - Page 7

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FXED 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

27.4%

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

Section 00 21 00 - Page 8 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 Non-SMSA, Texas, Chambers County.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Contracting Officer, US Army Corps of Engineers, Galveston District, PO Box 1229, Galveston, Texas 77553-1229, submitting he protest at SWG-CT-protests@usace.army.mil

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

mailto:SWG-CT-protests@usace.army.mil

Section 00 21 00 - Page 9

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: Alton Meyer Address:

Telephone 409-766-3145

52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012)

The Contracting Officer may issue the Contractor an authorization to use Government supply sources in the performance of this contract. Title to all property acquired by the Contractor under such an authorization shall vest in the Government unless otherwise specified in the contract. The provisions of the clause at FAR 52.245-1, Government Property, apply to all property acquired under such authorization.

Section 00 45 00 - Page 1

00 45 00

52.204-16 Commercial and Government Entity Code

Reporting

JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance

JUL 2016

52.204-19 Incorporation by Reference of Representations and

DEC 2014

Certifications.

52.209-7 Information Regarding Responsibility

Matters

OCT 2018

252.247-7022 Representation Of Extent Of Transportation Of Supplies By

AUG 1992

Sea

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

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

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

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

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

(2) If the provision at 52.204-7, 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.

(a) (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

Section 00 45 00 - Page 2 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) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

(ix) 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.

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

(xi) 52.219-1, Small Business Program Representations (Basic &

Section 00 45 00 - Page 3

Alternate I). 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.

(xii) 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.

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

(xiv) 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.

(xv) 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.

(xvi) 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.

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

(xviii) 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.)

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

(xx) 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.

Section 00 45 00 - Page 4

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiii) 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.

(xxiv) 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.

Section 00 45 00 - Page 5

(B) Alternate I.

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

(c) 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.

52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5,000,000 (including options), the Offeror shall certify that, to the best of its knowledge and belief, it--

(1) Has [ ] filed all Federal tax returns required during the three years preceding the certification;

(2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986; and

(3) Has not [ ], more than 90 days prior to certification, been notified http://www.sam.gov/

Section 00 45 00 - Page 6 of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--

CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

(1) The Offeror certifies that--

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a).

The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a).

The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or

(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by http://www.state.gov/t/avc/rls/rpt/%3B http://www.state.gov/t/avc/rls/rpt/%3B

Section 00 45 00 - Page 7 reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless--

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has--mailto:NDAA1290Cert@state.gov

Section 00 45 00 - Page 8

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

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

2019)

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

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

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

(ii) 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.

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

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 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.

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

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

Section 00 45 00 - Page 9

(viii) 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.

(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 http://www.acquisition.gov/

Section 00 45 00 - Page 10

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 72 00 - Page 1

Section 00 72 00 - General

Conditions

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To

The Government

SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of

Funds for Illegal or

MAY 2014

Improper Activity 52.203-10 Price Or Fee Adjustment For Illegal Or

Improper Activity

MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

OCT 2010

Transactions 52.203-13 Contractor Code of Business Ethics and

Conduct

OCT 2015

52.203-17 Contractor Employee Whistleblower Rights and Requirement

APR 2014

To Inform Employees of Whistleblower Rights

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

MAY 2011

Content Paper 52.204-10 Reporting Executive Compensation and

First-Tier

OCT 2018

Subcontract Awards 52.204-13 System for Award Management Maintenance OCT 2018 52.209-6 Protecting the Government's Interest When

Subcontracting

OCT 2015

With Contractors Debarred, Suspended, or Proposed for

Debarment 52.209-9 Updates of Publicly Available Information

Regarding

OCT 2018

Responsibility Matters 52.209-10 Prohibition on Contracting With Inverted

Domestic

NOV 2015

Corporations 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified

Cost or Pricing Data -

AUG 2011

Modifications - Sealed Bidding 52.214-28 Subcontracting Certified Cost Or Pricing

Data--

OCT 2010

Modifications--Sealed Bidding 52.219-4 Notice of Price Evaluation Preference for

HUBZone Small

OCT 2014

Business Concerns 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan (AUG NOV 2016

Section 00 72 00 - Page 2

Alt I 2018) Alternate I 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-1 Notice To The Government Of Labor

Disputes

FEB 1997

52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards

- Overtime

MAY 2018

Compensation 52.222-5 Construction Wage Rate Requirements--

Secondary Site of the

MAY 2014

Work 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

52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR

52.222-26 Equal Opportunity SEP

52.222-27 Affirmative Action Compliance

Requirements for

APR

Construction 52.222-35 Equal Opportunity for Veterans OCT

52.222-36 Equal Opportunity for Workers with

Disabilities

JUL

52.222-37 Employment Reports on Veterans FEB

52.222-40 Notification of Employee Rights Under the National Labor

DEC

Relations Act 52.222-50 Combating Trafficking in Persons JAN

52.222-54 Employment Eligibility Verification OCT

52.222-55 Minimum Wages Under Executive Order 13658 DEC

52.222-62 Paid Sick Leave Under Executive Order

13706

JAN

52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban

Text Messaging

AUG

While Driving 52.225-13 Restrictions on Certain Foreign Purchases JUN

52.226-1 Utilization Of Indian Organizations And

Indian-Owned

JUN

Economic Enterprises 52.227-1 Authorization and Consent DEC

Section 00 72 00 - Page 3

52.227-2 Notice And Assistance Regarding Patent

And Copyright

DEC

Infringement 52.227-4 Patent Indemnity-Construction Contracts DEC

52.228-2 Additional Bond Security OCT

52.228-11 Pledges Of Assets AUG

52.228-12 Prospective Subcontractor Requests for

Bonds

MAY 2014

52.228-15 Performance and Payment Bonds-- Construction

OCT

52.229-3 Federal, State And Local Taxes FEB

52.232-5 Payments under Fixed-Price Construction Contracts

MAY 2014

52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN

52.232-33 Payment by Electronic Funds Transfer--

System for Award

OCT

Management 52.232-39 Unenforceability of Unauthorized

Obligations

JUN

52.232-40 Providing Accelerated Payments to Small Business

DEC

Subcontractors 52.233-1 Disputes MAY 2014 52.233-3 Protest After…