Signed - W912HY20B0002-Specs.pdf

SOLICITATION NO. W912HY20B0002

HOUSTON SHIP CHANNEL

CEDAR BAYOU PA 6

CONTAINMENT DIKE RAISE

IN CHAMBERS COUNTY, TEXAS

PROJECT MANUAL FOR

CONSTRUCTION

January 2020

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 JOE HONZA, P.E.

CHIEF, ENGINEERING BRANCH

SWG file No.: HSC 403-76 Solicitation No.: W912HY-20-B-0002

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 31 32.13 45 SUBSURFACE DRILLING AND SAMPLING INFORMATION

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 57 23.00 45 TEMPORARY STORM WATER POLLUTION CONTROL

01 57 24.00 45 STORM WATER POLLUTION PREVENTION PLAN

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 STRUCTURES

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 16.17 45 EXCAVATION, FILLING, AND BACKFILLING FOR STRUCTURES

31 23 19.00 45 DEWATERING

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

PROJECT TABLE OF CONTENTS Page 1

SWG file No.: HSC 403-76 Solicitation No.: W912HY-20-B-0002

33 41 00.10 45 STEEL DRAINAGE PIPE

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

W45VAK92897584

Cedar Bayou Placement Area (PA) 6 Dike Raise issued Unrestricted, Full and Open Competition.

Estimated magnitude for this ef fort is betw een $1,000,000.00 and $5,000,000.00.

NAICS Code 237990; Other Heavy and Civil Engineering Construction, SB Size Standard of $39,500,000.00.

X

DEBORA L WELLS 409 766 3943

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

23-Jan-2020

(RFP)

(IFB)

CALL:

Cedar Bayou PA6 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 ________252 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 73 00.01 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 ______________24 Feb 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee 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 FORT POINT 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.

475465

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

FAX:TEL: 409 766 3850 TEL: FAX:

W912HY20B0002 5 OF 392

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

SWG file No.: HSC 403-76 Solicitation No.: W912HY20B0002

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

1.1.1.1 Option 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 Demolition of Existing Drop-Outlet Structure

1 JOB SUM $___________

0003 Construction of New Drop-Outlet Structure

1 JOB SUM $___________

0004 Dewatering / Perimeter Ditches 7,169

Linear Feet

L.F. 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.

DOCUMENT 00 11 00.00 45 Page 3

1.1.1.1 Option 1

Item No. Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION 1

001 Clearing, Grubbing, and Removal of Debris

1 JOB SUM $___________

002 Stripping 1 JOB SUM $___________

003 Semi-Compacted Containment Dike Raise

134,580 CY $__________ $___________

004 Turfing 1 JOB SUM $___________

005 Final Construction Survey

1 JOB SUM $___________

TOTAL SCHEDULE NO. 1 and OPTION NO. 1

NOTE FOR OPTION NO. 1: The Government may exercise this Option by written notice to the Contractor prior to the end of Schedule No. 1 completion. An additional time of 172 calendar days will be added to this Contract for completion of this Option.

-- End of Document --

DOCUMENT 00 11 00.00 45 Page 4

SWG FILE NO.: HSC 403-76 SOLICITATION NO.: W912HY20B0002

Document 00 21 00 - Page 1

Section 00 21 00 - Instructions

LOCAL INFORMATION

1.1 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 https://beta.sam.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 BetaSAM https://beta.sam.gov/ .

1.2 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.

1.3 PREAWARD INFORMATION – CONSTRUCTION (FAR 9.105-1)

The apparent low bidder shall submit within five (5) working days after Bid Opening, the following information:

(a) A list of key personnel available for the current project and their qualifications.

(a) A copy of the bidder's latest financial statement, including the names of banks or other financial institutions with which the bidder conducts business. If the financial statement is more than 60 days old, a certificate should be attached stating that the financial condition is substantially the same, or if not the same, the changes that have taken place. Such statement will be treated as confidential.

(b) A list of present commitments, including the dollar value thereof, name of office under which the work is being performed, the scheduled completion date of each, days ahead or behind schedule and the name of the dredge(s) to be used on the job.

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

1.4 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.

https://beta.sam.gov/ https://beta.sam.gov/

Document 00 21 00 - Page 2

1.5 NOTICE 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 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

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

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".

1.6 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 by email to: SWG- CT-Supplemental-Proposals@usace.army.mil not later than the response date and time indicated above. Include in the email Subject Line the solicitation number, project title, and your firm name, ie: IFB No.

W912HY20B0002 – Cedar Bayou PA6 Dike Raise - Your Firm Name

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

Document 00 21 00 - Page 3

1.10 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. 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: W912HY20B0002

The Bidder Inquiry Key is: 8D2Y33-FQGMSK

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.

1.11 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

52.204-7 System for Award Management OCT 2018 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 http://www.projnet.org/projnet

Document 00 21 00 - Page 4

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

52.214-34 Submission Of Offers In The English Language

APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-20 Requirements for Certified Cost or

Pricing Data or Information Other Than Certified Cost or Pricing Data

OCT 2010

52.217-5 Evaluation Of Options JUL 1990 52.225-12 Alt

II

Notice of Buy American Requirement-- Construction Materials Under Trade Agreements (MAY 2014) Alternate II

JUN 2009

52.232-13 Notice Of Progress Payments APR 1984 52.232-14 Notice Of Availability Of Progress

Payments Exclusively For Small Business Concerns

APR 1984

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

CLAUSES INCORPORATED BY FULL TEXT

52.1-4001 ESTIMATED CONSTRUCTION PRICE RANGE (APR 1985) (FAR 36.204)

The estimated price range of the proposed construction is between $1,000,000 and $5,000,000.

52.1-4012 DAVIS-BACON ACT (CESWG-CT)

Paragraph entitled DAVIS-BACON ACT of (CONTRACT CLAUSES - Section 00700, FAR 52.222-6) is applicable to this solicitation. Wage Rates will be incorporated by amendment, if they are not included in this solicitation.

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)

52.216-1 TYPE OF CONTRACT (APR 1984)

Document 00 21 00 - Page 5

The Government contemplates award of a Firm Fixed Price Construction 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

Non-SMSA Chambers County

27.4%

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;

Document 00 21 00 - Page 6

(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 Chambers County

(End of provision)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY

2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at

FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

Document 00 21 00 - Page 7

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

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

Maria Rodriguez US Army Corp of Engineers, Galveston District PO Box 1229 Galveston, Texas 77553-1229

Submit protest via email 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.

(End of provision)

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

Document 00 21 00 - Page 8 solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of provision) https://www.acquisition.gov/

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 31 32.13 45

SUBSURFACE DRILLING AND SAMPLING INFORMATION

PART 1 GENERAL

1.1 SUMMARY

1.2 GEOTECHNICAL DATA

1.2.1 Soil Borings

1.2.2 Cone Penetrometer Tests

1.2.2.1 Ground Water

-- End of Section Table of Contents --

DOCUMENT 00 31 32.13 45 Page 1

DOCUMENT 00 31 32.13 45 Page 2

SECTION 00 31 32.13 45

SUBSURFACE DRILLING AND SAMPLING INFORMATION

PART 1 GENERAL

1.1 SUMMARY

Subsurface drilling and sampling information for the project is located in the Plans.

1.2 GEOTECHNICAL DATA

The Government does not guarantee that borings indicate actual conditions, except for the exact locations and the time that they were made.

1.2.1 Soil Borings

Twenty-four soil borings were completed in March 2010 to depths of 20 feet or 65 feet. The soils encountered were soft to hard clays, silty clays, and sandy clays, most likely Holocene Age. No laboratory data is available for the samples. Pocket penetrometer tests varied between 0.5 to 2.25 tons per square foot.

1.2.2 Cone Penetrometer Tests

Cone penetrometer tests (CPTs) were completed to a depth of 30 feet at the project site July 10 through 13, 2019 on the existing perimeter dike and the interior of the Placement Area (PA). The CPTs indicate the materials in the perimeter dike are clays, silty clays, and clayey silts. The interior materials consist of clays and silty clays in the upper 5 feet with a stratum of organic clay from about 5 feet to 15 feet. Beneath the embankment and interior dredge materials is sandy materials with varying amounts of fines.

1.2.2.1 Ground Water

When ground water was encountered during the 2010 borings, it was noted at depths of 4 feet to 23 feet. Several of the logs note that the ground was wet and wet rotary drilling was used from the ground surface.

Ground water during the 2019 CPTs was noted at depths from 3 feet to 13 feet. The ground water in the interior of the PA varied between about 4 to 6 feet.

-- End of Document --

DOCUMENT 00 31 32.13 45 Page 3

DOCUMENT 00 31 32.13 45 Page 4

Document 00 45 00 - Page 1

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

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 Certifications.

DEC 2014

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

252.247-7022 Representation of Extent of Transportation by Sea.

JUN 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2019)

(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—

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(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.

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

(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.

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(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.

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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(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.

52.209-7 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).

https://www.sam.gov/

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(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 paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

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--https://www.sam.gov/

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(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 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.

https://www.state.gov/t/avc/rls/rpt/ https://www.state.gov/t/avc/rls/rpt/

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(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 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--

(i) Waived application under U.S.C. 2593e(d) or (e); or mailto:NDAA1290Cert@state.gov

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(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 (JUN

2019)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and

(d) of the provision at FAR 52.204-8:

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

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

__ (i) Paragraph (e) applies.

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

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

(i) 252.209-7003, 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.

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