W912HY21B0010 - SPECS.pdf

PROJECT MANUAL FOR

DEPARTMENT OF THE ARMY

GALVESTON DISTRICT, CORPS OF ENGINEERS

P.O. BOX 1229

GALVESTON, TEXAS

"INCREASE PROFIT - SUBMIT VECP'S"

SWG FILE: HSC 430-80 SOLICITATION NO: W912HY20B0010

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

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

00 73 53.00 45 SECURITY PROCEDURES

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00.00 45 NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

01 22 00.10 45 MEASUREMENT AND PAYMENT

01 32 01.01 45 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26.01 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

DIVISION 02 - EXISTING CONDITIONS

02 21 00.10 45 CONSTRUCTION SURVEYS

02 41 00.10 45 DEMOLITION OF EXISTING DROP-OUTLET STRUCTURES

DIVISION 03 - CONCRETE

03 31 00.00 45 CONCRETE FOR MINOR STRUCTURES

DIVISION 05 - METALS

05 05 23.00 45 STRUCTURAL WELDING

05 12 00.00 35 STRUCTURAL STEEL

05 14 00.13 35 WELDING STRUCTURAL ALUMINUM FRAMING

05 50 13.00 35 MISCELLANEOUS METAL FABRICATIONS

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

06 10 00.00 35 PLASTIC LUMBER

DIVISION 09 - FINISHES

09 97 02 PAINTING: HYDRAULIC STRUCTURES

DIVISION 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 16.30 45 MECHANICAL CHANNEL EXCAVATION

31 32 13.16 CEMENT STABILIZED SAND

31 62 19.00 35 TIMBER PILES

PROJECT TABLE OF CONTENTS Page 1

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 92 00.00 45 TURF

DIVISION 33 - UTILITIES

33 05 33 HPDE PIPE

33 46 13.00 45 GEOTEXTILES USED AS FILTERS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23.16 45 PIPELINE DREDGING

35 20 23.33 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM PIPELINE

HYDRAULIC DREDGE

35 31 19.10 45 ARTICULATING CONCRETE BLOCK REVETMENTS

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

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 11 00.00 45

BID SCHEDULE

SWG 07/19

PART 1 GENERAL

1.1 BID SCHEDULE

1.1.1 Schedule No. 1

1.1.2 Option No. 1

1.1.3 Option No. 2

1.1.4 Option No. 3

1.1.5 Option No. 4

1.1.6 Option No. 5

1.1.7 Option No. 6

1.2 EVALUATION OF OPTIONS (July 1990) (FAR 52.217-5)

-- 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

SECTION 00 11 00.00 45

BID SCHEDULE

SWG 07/19

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 Pre-Dredging Hazard Survey 1 JOB SUM $___________

0003 Demolition of Existing Drop-Outlet Structure PA1

JOB

SUM $___________

0004 New Drop-outlet Structure PA1 1

JOB SUM

0005 New Drop-Outlet Structure PA2 1

JOB SUM

0006 Pipeline Management 1 JOB SUM

0007 Clearing and Grubbing

PA-1

1 JOB SUM

0008 Clearing and Grubbing

PA-2

1 JOB SUM

0009 Clearing and Grubbing Devil's Elbow

1 JOB SUM

0010 Stripping PA1 1 JOB SUM $___________

DOCUMENT 00 11 00.00 45 Page 3 CT/OC Review

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

0011 Stripping PA2 1 JOB SUM $___________

0012 Stripping Devil's Elbow

1 JOB SUM $___________

0013 Turfing PA1 1 JOB SUM

0014 Turfing PA2 1 JOB SUM

0015 Turfing Ijams Lake 1 JOB SUM

0016 Turfing at Devil's Elbow Cut

1 JOB SUM

0017 Ijams Lake Site Management

1 JOB SUM

0018 Soil Laboratory Testing PA1

1 JOB SUM

0019 Soil Laboratory Testing PA2

1 JOB SUM

0020 Site Management PA1 1 JOB SUM

0021 Site Management PA2 1 JOB SUM

0022 Soil Boring PA1 80 L.F.

0023 Soil Boring PA2 80 L.F.

0024 Semi-Compacted Containment Dike Raise PA-1

225,000 C.Y.

0025 Semi-Compacted Containment Dike Raise PA-2

191,000 C.Y.

0026 Semi-Compacted Dike Ijams Lake

48,500 C.Y.

DOCUMENT 00 11 00.00 45 Page 4

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

0027 Uncompacted Berm Ijams Lake

115,000 C.Y.

0028 Ariticulating Concrete Block

8,500 S.F.

0029 Geotextile 1,200 S.Y.

0030 Pipeline Dredging Sections 1-5

781,803 C.Y.

0031 Mechanical Excavation

181,000 C.Y.

0032 Riprap PA1 117 TON

0032 Riprap PA2 200 TON

0034 Riprap Ijams Lake 160 TON

0035 Blanket Stone Ijams Lake Dike

80 TON

0036 Riprap Devil's Elbow Cutoff

48,000 TON

0037 Blanket Stone Devil's Elbow Cutoff

15,000 TON

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 5

BID SCHEDULE (CONT'D)

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.2 Option No. 1

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 1

0038 Pipeline Dredging Section 3 5,000

C.Y.

TOTAL SCHEDULE NO. 1 AND OPTION NO. 1 $___________

NOTE FOR OPTION NO. 1: The Government may exercise Option No. 1 by written notice to the Contractor no later than 5 days prior to the Contractor scheduled date to reach the physical limits of this option. An additional time of 2 calendar day will be added to this Contract for completion of Option No. 1 . The quantities in this option, if exercised, are to be added to Section 3 in Schedule No. 1.

DOCUMENT 00 11 00.00 45 Page 6

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.3 Option No. 2

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 2

0039 Pipeline Dredging Section 4 3,000

C.Y.

TOTAL SCHEDULE NO. 1 AND OPTIONS NO. 1 AND 2 $___________

NOTE FOR OPTION NO. 2: The Government may exercise Option No. 2 by written notice to the Contractor no later than 5 days prior to the Contractor scheduled date to reach the physical limits of this option. An additional time of 1 calendar day will be added to this Contract for completion of Option No. 2. The quantities in this option, if exercised, are to be added to Section 4 in Schedule No. 1.

DOCUMENT 00 11 00.00 45 Page 7

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.4 Option No. 3

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 3

0040 Pipeline Dredging Section 5 2,000

C.Y.

TOTAL SCHEDULE NO. 1 AND OPTIONS NO. 1,2, AND 3 $___________

NOTE FOR OPTION NO. 3: The Government may exercise Option No. 3 by written notice to the Contractor no later than 5 days prior to the Contractor scheduled date to reach the physical limits of this option. An additional time of 1 calendar day will be added to this Contract for completion of Option No. 3. The quantities in this option, if exercised, are to be added to Section 5 in Schedule No. 1.

DOCUMENT 00 11 00.00 45 Page 8

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.5 Option No. 4

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 4

0041 Pipeline Dredging Section 5 4,000

C.Y.

TOTAL SCHEDULE NO. 1 AND OPTIONS NO. 1,2,3, AND 4 $___________

NOTE FOR OPTION NO. 4: The Government may exercise Option No. 4 by written notice to the Contractor no later than 5 days prior to the Contractor scheduled date to reach the physical limits of this option. An additional time of 1 calendar day will be added to this Contract for completion of Option No. 4. The quantities in this option, if exercised, are to be added to Section 5 in Schedule No. 1.

DOCUMENT 00 11 00.00 45 Page 9

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.6 Option No. 5

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 5

0042 Ijams Lake Breaches

JOB

SUM $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NO. 1,2,3,4 AND 5 $___________

NOTE FOR OPTION NO. 5: The Government may exercise Option No. 5 by written notice to the Contractor no later than 5 days prior to the Contractor scheduled date to reach the physical limits of this option. An additional time of 1 calendar day will be added to this Contract for completion of Option No. 5.

DOCUMENT 00 11 00.00 45 Page 10

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.7 Option No. 6

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 6

0043 Additional Mechanical Excavation

41,000 C.Y.

TOTAL SCHEDULE NO. 1 AND OPTIONS NO. 1,2,3,4,5 AND 6 $___________

NOTE FOR OPTION NO. 6: The Government may exercise Option No. 6 by written notice to the Contractor prior to the completion of the mechanical excavation at Devil's Elbow Cut. An additional time of 43 calendar days will be added to this Contract for completion of Option No. 6. If this option is exercised the pipeline dredging quantities in Schedule No. 1 will be reduced by the same amount.

DOCUMENT 00 11 00.00 45 Page 11

(TO BE ATTACHED TO STANDARD FORM 1442)

1.2 EVALUATION OF OPTIONS (July 1990) (FAR 52.217-5)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

-- End of Document --

DOCUMENT 00 11 00.00 45 Page 12

SWG FILE NO.: HSC 430-80 SOLICITATION NO.: W912HY21B0010

Document 00 21 00 - Page 1

Section 00 21 00 - Instructions, Conditions and Notices to Offerors

1.1 ESTIMATED CONSTRUCTION PRICE RANGE (FAR 36.204(h))

The estimated price range of the proposed construction is more than $10,000,000.00.

1.2 AVAILABILITY OF PLANS AND SPECIFICATIONS ON BETA.SAM.GOV WEBSITE

(FAR 5.102(a)(1))

After solicitation issuance, contractors may register to be placed on the Interested Vendors List, view and/or download this solicitation and all amendments 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 Beta Sam 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 TECHNICAL INFORMATION DREDGING (FAR 14.211)

(a) For technical information regarding the plans and specifications submit questions in PROJNET, see paragraph 1.9 of this section for details.

(b) The Contractor [ ] shall [ X ] shall not be permitted to use self-propelled hopper dredges to perform the work specified herein.

1.4 PREAWARD INFORMATION DREDGING (FAR 9.105-1)

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

(a) A statement as to whether he is now or ever has been engaged in performing dredging of [ ] deep or [ x ] shallow draft channels.

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

(c) 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.

(d) 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.

(e) Name and location of the firm's dredging plant to perform the work under this contract, the date this plant will commence work, and the plants capability to perform the work as required by the specifications.

(f) A preliminary schedule showing anticipated dates for start of work, based upon availability of contractor resources, and the plan for completing work within the contract performance period. For dredging contracts, this includes production rates for proposed dredging equipment together with an analysis showing how work will be accomplished within the contract performance period.

(g) If bidder is a Large Business, a Sub-Contracting Plan, if required, must be submitted within (5) working days after Bid Opening.

https://beta.sam.gov/ https://www.sam.gov/SAM/

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1.5 DISPOSAL OF EXCAVATED MATERIAL

The following owners in the vicinity of the work to be accomplished under this Invitation for Bids are known to desire fill material:

NAME ADDRESS

If any of the areas owned by the above-listed owners are proposed to be utilized by the Contractor in the performance of the work, the provision for use of alternate areas DREDGING: PLACEMENT OF EXCAVATED MATERIAL of the specifications will be applicable.

1.6 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.

1.7 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

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

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REMINDER #2 – All SAM profiles must be updated with a date later than 26 October 2020 to ensure compliance with 889 guidance.

REMINDER #3 - 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".

1.8 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 via email to SWG-CT- Execution-Proposals@usace.army.mil , not later than the response date and time indicated in the solicitation. Identify the Solicitation Number W912HY21B0010 in subject line of the emai1.

The bid opening will be held by WebEx:

12 April 2021 at 1400 CT via link, https://usace1.webex.com/meet/aldrich.a.nichols

1.9 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: W912HY21B0010 The Bidder Inquiry Key is: URXDUQ-NXXP9A

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.

mailto:SWG-CT-Execution-Proposals#@usace.army.mil mailto:SWG-CT-Execution-Proposals#@usace.army.mil https://usace1.webex.com/meet/aldrich.a.nichols http://www.projnet.org/projnet

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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.

1.10 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.

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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 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

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

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 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

52.214-15 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)

The Government contemplates award of a FIRM FIXED-PRICE contract resulting from this solicitation.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the

Document 00 21 00 - Page 6

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

Harris County, TX 27.3% or Chambers County, TX 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 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 Chambers and Harris Counties, Cedar

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Bayou, Texas.

(End of provision)

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

(OCT 2019)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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

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

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

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

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

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

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

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

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

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic

Document 00 21 00 - Page 8 firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

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

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

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

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

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

(ii) The construction material is a COTS item.

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

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.

1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition.

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Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate ``none'']

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

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

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

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

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1:

Foreign construction material Domestic construction material Item 2:

Foreign construction material Domestic construction material \1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed.

Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

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52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country 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 Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country 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

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(ii) May be accepted if revised during negotiations.

(End of provision)

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION

MATERIALS (MAY 2014) - ALTERNATE I (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country 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 Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute or Balance shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11.

(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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country 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

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(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 Contracting Officer, US Army Corps of Engineers, Galveston District, PO Box1229, Galveston, Texas 77553-1229, submitting the 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.

(End of provision)

52.236-27 Site Visit (Construction) FEB 1995

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

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

Name: Mr. Brandon Smolinsky, Resident Engineer

Address: US Army Corps of Engineers, Northern Area Office

12000 Aerospace Avenue

Houston, TX 77034

Telephone: (281)752-2643

(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 solicitation provision may be accessed electronically at this/these address(es):

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

Document 00 21 00 - Page 15 https://www.acquisition.gov/content/regulations https://www.acquisition.gov/content/regulations

Document 00 45 00 - Page 1

Section 00 45 00 - Representations and Certifications

52.204-16 Commercial and Government Entity Code

Reporting

JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

252.247-7022 Representation of Extent of Transportation by Sea.

JUN 2019

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

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(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.204-8 Annual Representations and Certifications MAR 2020

As prescribed in 4.1202(a), insert the following…