W912HY21B0020-Specs_Signed.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 NO. : IWW 1125-0142 SOLICITATION NO. : W912HY21B0020

PROJECT TABLE OF CONTENTS

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

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

00 11 00.00 45 BID SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

00 45 00 REPRESENTATION AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00.00 45 SPECIAL CONTRACT REQUIREMENTS, STANDARD

00 73 46 WAGE RATES

00 73 53.00 45 SECURITY PROCEDURES

DI VI SI ON 01 - GENERAL REQUI REMENTS

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 26.00 45 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

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

01 45 01.00 QUALITY CONTROL

01 50 00.00 45 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 20.00 45 ENVIRONMENTAL PROTECTION

01 58 13.01 45 PROJECT IDENTIFICATION

01 78 00.00 45 CLOSEOUT SUBMITTALS

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

02 21 00.00 45 CONDITION SURVEY

02 21 00.10 45 CONSTRUCTION SURVEYS

DI VI SI ON 31 - EARTHWORK

31 11 00.10 45 REMOVAL OF DEBRIS

DI VI SI ON 33 - UTI LI TI ES

33 46 13.00 45 GEOTEXTILES USED AS FILTERS

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

35 31 19.32 45 RIPRAP AND BLANKET STONE

35 41 00.01 45 EMBANKMENT CONSTRUCTION

-- End of Project Table of Contents --

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THIS PAGE INTENTIONALLY LEFT BLANK

PROJECT TABLE OF CONTENTS Page 2

X

CHRISTY L SLATER 4097663100

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

28-Jul-2021

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11.

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 ___________ 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):

The Contractor shall begin performance w ithin ___1_0___ calendar days and complete it w ithin ___ ___ calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _0_0_ _7_5 _0_0_.0_0_ _45______________ .)

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 409 766 3850 TEL: FAX:

W912HY21B0020

THIS IS AN UNRESTRICTED PROCUREMENT FOR GULF INTERCOASTAL WATERWAY, TEXAS, CHOCOLATE BAYOU PLACEMENT

AREA 1A CONTAINMENT DIKE CONSTRUCTION IN BRAZORIA COUNTY, TEXAS

DISCLOSURE OF MAGNITUDE OF CONSTRUCTION PROJECTS (DFARS 236.204) - THE MAGNITUDE OF THIS CONSTRUCTION

PROJECT SHOULD BE BETWEEN $5,000,000 AND $10,000,000.

AFARS 5132.702(A)(ii)(b) "FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS ACQUISITION. NO CONTRACT AWARD WILL BE

MADE UNTIL APPROPRIATED FUNDS ARE MADE AVAILABLE."

SOLICITATION NUMBER IS W912HY21B0020

PROJNET KEY IS GXQUY8-QU3FU8

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

27 AUG 2021

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

SECTION 00 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 Earthen Dike - STA. 32+00 to

STA. 44+00 1 JOB SUM $___________

0003 Riprap Stone - STA. 44+00 to STA. 82+00 49,000 TON $_________ $___________

0004 Blanket Stone - STA. 44+00 to STA. 82+00 7,600 TON $_________ $___________

0005 Geotextile Filter Fabric - STA. 44+00 to STA. 82+00

18,900

SY

0006 Access Channel - STA. 32+00 to STA. 82+00 1 JOB SUM $__________

0007 Spartina Alterniflora Planting Plugs - STA. 32+00 to STA. 44+00

1,200 LF

0008 Stone Mattresses Leveling - STA. 56+00 to STA. 67+00

1 JOB SUM

0009 Final As-Built Drawings - STA. 32+00 to STA. 82+00

1 JOB SUM

TOTAL SCHEDULE NO. 1 $___________

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

DOCUMENT 00 11 00.00 45 Page 1

DOCUMENT 00 11 00.00 45 Page 2

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

0010 Earthen Dike - STA. 29+00 to

STA. 32+00 1 JOB SUM $_________

0011 Riprap Stone - STA. 82+00 to STA. 85+00

5,600

TON $_________ $_________

0012 Blanket Stone - STA. 82+00 to STA. 85+00

900 TON

0013 Geotextile Filter Fabric - STA. 82+00 to STA. 85+00

2,000

SY $_________ $__________

0014 Access Channel - STA. 82+00 to STA. 85+00 & STA. 29+00 to

STA. 32+00

1 JOB SUM $__________

0015 Spartina Alterniflora Planting Plugs - STA. 29+00 to STA. 32+00

300 LF

0016 Final As-Built Drawings - STA. 82+00 to STA. 85+00 & STA. 29+00 to STA. 32+00

1 JOB $_________ $_________

TOTAL OPTION NO. 1 $___________

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

NOTE FOR OPTI ON NO. 1: Gover nment may exer ci se Opt i on No. 1 by wr i t t en not i ce t o t he Cont r act or no l at er t han 200 days af t er i ssuance of Not i ce To Pr oceed. An addi t i onal t i me of 35 cal endar days wi l l be added t o t hi s Cont r act f or compl et i on of t hi s Opt i on.

DOCUMENT 00 11 00.00 45 Page 3

(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

0017 Earthen Dike - STA. 26+00 to STA. 29+00 1 JOB SUM $_________

0018 Riprap Stone - STA. 85+00 to STA. 88+00

5,500 TON

0019 Blanket Stone - STA. 85+00 to STA. 88+00

900 TON

0020 Geotextile Filter Fabric - STA. 85+00 to STA. 88+00

2,000 SY

0021 Access Channel - STA. 85+00 to STA. 88+00 & STA. 26+00 to STA. 29+00

1 JOB SUM $__________

0022 Spartina Alterniflora Planting Plugs - STA.

26+00 to STA. 29+00

300 LF

0023 Final As-Built Drawings - STA. 85+00 to STA. 88+00 & STA. 26+00 to STA. 29+00

1 JOB SUM $_________

TOTAL OPTION NO. 2 $___________

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

NOTE FOR OPTI ON NO. 2: The Gover nment may exer ci se Opt i ons by wr i t t en not i ce t o t he cont r act or no l at er t han bef or e compl et i on of al l wor k. An addi t i onal t i me of 35 cal endar days wi l l be added t o t hi s Cont r act f or compl et i on of t hi s Opt i on.

DOCUMENT 00 11 00.00 45 Page 4

(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

0024 Earthen Dike - STA. 23+00 to STA. 26+00 1 JOB SUM $_________

0025 Riprap Stone - STA. 88+00 to STA. 91+00

6,000 TON

0026 Blanket Stone - STA. 88+00 to STA. 91+00

900 TON

0027 Geotextile Filter Fabric - STA. 88+00 to STA. 91+00

2,000 SY

0028 Access Channel - STA. 88+00 to STA. 91+00 & STA. 23+00 to STA. 26+00

1 JOB SUM $__________

0029 Spartina Alterniflora Planting Plugs - STA. 23+00 to STA. 26+00

300 LF

0030 Final As-Built Drawings - STA. 88+00 to STA. 91+00 & STA. 23+00 to STA. 26+00

1 JOB SUM $_________

TOTAL OPTION NO. 3 $___________

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

NOTE The Gover nment may exer ci se Opt i ons by wr i t t en not i ce t o t he cont r act or no l at er t han bef or e compl et i on of al l wor k. An addi t i onal t i me of 35 cal endar days wi l l be added t o t hi s Cont r act f or compl et i on of t hi s Opt i on.

DOCUMENT 00 11 00.00 45 Page 5

(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

0031 Riprap Stone - STA. 91+00 to STA. 103+00

15,100 TON

0032 Blanket Stone - STA. 91+00 to STA. 103+00

2,700 TON

0033 Geotextile Filter Fabric - STA. 91+00 to STA. 103+00

6,200 SY

0034 Access Channel - STA. 91+00 to

STA. 103+00 1 JOB SUM $__________

0035 Final As-Built Drawings - STA. 91+00 to STA. 103+00 1 JOB SUM $_________

TOTAL OPTION NO. 4 $___________

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

NOTE FOR OPTI ON NO. 4: The Gover nment may exer ci se Opt i ons by wr i t t en not i ce t o t he cont r act or no l at er t han bef or e compl et i on of al l wor k. An addi t i onal t i me of 60 cal endar days wi l l be added t o t hi s Cont r act f or

DOCUMENT 00 11 00.00 45 Page 6

(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

0036 Earthen Dike - STA. 0+00 to STA. 23+00

1 JOB SUM

0037 Access Channel - STA.

0+00 to STA. 23+00 1 JOB SUM $___________

0038 Spartina Alterniflora Planting Plugs - STA.

0+00 to STA. 23+00

2,300 LF

0039 Final As-Built Drawings STA. 0+00 to STA. 23+00

1 JOB SUM $_________

TOTAL OPTION NO. 5 $___________

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

NOTE FOR OPTI ON NO. 5: The Gover nment may exer ci se Opt i ons by wr i t t en not i ce t o t he cont r act or no l at er t han bef or e compl et i on of al l wor k. An addi t i onal t i me of 100 cal endar days wi l l be added t o t hi s Cont r act f or

DOCUMENT 00 11 00.00 45 Page 7

(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 8

SWG FILE NO.: IWW 1125-0142 SOLICITATION NO.: W912HY21B0020

Section 00 21 00 - Page 1

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

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

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

1.2 AVAILABILITY OF PLANS AND SPECIFICATIONS ON 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://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 PREAWARD INFORMATION CONSTRUCTION (FAR 9.105-1)

The apparent Low bidder shall, upon request of the Contracting Officer, furnish a statement within 2 working days after Bid Opening, of whether he is now or has ever been engaged in any work similar to that covered by the specifications herein, the dollar value thereof, the year in which such work was performed, and the manner of its execution, and giving such information as will tend to show the bidder's ability to prosecute the required work.

The "such other information" referred to above shall include but is not limited to the following:

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

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

(c) A copy of bidder's last year's financial statement, including the names of banks or other financial institutions with which the bidder conducts business. Such statement will be confidential.

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

(1) Liquidity

- Current Ratio __________________

- Quick Ratio __________________

(2) Leverage -Debit/Net Worth __________________

(3) Operating Efficiency

- Return On Assets __________________

- Asset Turnover __________________

(4) Profitability

- % Return On Equity __________________

- % Return On Sales __________________

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

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

Section 00 21 00 - Page 2

(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.

(g) 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.

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

All information required by the terms of the solicitation must be furnished.

MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below. This checklist is furnished only to assist you in submitting a proper offer. Check as you read.

Have you acknowledged all amendments?

Have you completed SECTION 00 45 00, REPRESENTATIONS & CERTIFICATIONS portion of the solicitation package to include 52.204-24 and 52.204-26?

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.

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

Section 00 21 00 - Page 3

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 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 W912HY21B0020 and Project Title in subject line of the emai1.

Bid Opening will be held by teleconference.

26 AUGUST 2021 at 1400 CT via link, https://usace1.webex.com/usace1/j.php?MTID=m901034cb58bf5df90f1dda9ae2e20f5aM eeting number: 199 442 2157 Password: G5WzEDsg$32

Join by Phone: +1-844-800-2712 US Toll Free +1-669-234-1177 US Toll

1.7 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: W912HY20B0020

The Bidder Inquiry Key is: GXQUY8-QU3FU8

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.

mailto:SWG-CT-Execution-Proposals@usace.army.mil mailto:SWG-CT-Execution-Proposals@usace.army.mil https://usace1.webex.com/usace1/j.php?MTID=m901034cb58bf5df90f1dda9ae2e20f5a http://www.projnet.org/projnet

Section 00 21 00 - Page 4

1.8 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 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 52.232-13 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)

Section 00 21 00 - Page 5

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

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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

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

Section 00 21 00 - Page 6 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 Bayou, Texas.

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

Section 00 21 00 - Page 7

(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 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, Section 00 21 00 - Page 8

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.

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.

Section 00 21 00 - Page 9

“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.

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'']

Section 00 21 00 - Page 10

(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.

(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

Section 00 21 00 - Page 11

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

Item 2 Foreign construction

Domestic construction

\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.

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.

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

Section 00 21 00 - Page 12

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.

(a) 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):

https://www.acquisition.gov/content/regulations

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

https://www.acquisition.gov/content/regulations

Section 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 provision ___________________________________________________ (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);

Section 00 45 00 - Page 2

(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 provision:

(a)

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

(2) The small business size standard is $30,000,000.00.

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

(b)

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

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

(i) □ Paragraph (d) applies.

(ii) □ 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–

Section 00 45 00 - Page 3

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

Section 00 45 00 - Page 4

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) If the…