W912P521B0010 Middlesboro Channel Clearing.pdf

W38XDD93024650

PROJECT: Middlesboro Channel Clearing located in Middlesboro, Bell County, Kentucky.

TYPE OF CONTRACT: Firm Fixed Price Construction Contract

NAICS CODE: 237990 Size Standard: $39.5 Million

DISCLOSURE OF MAGNITUDE OF THE PROPOSED CONSTRUCTION CONTRACT (Base): Betw een $1,000,000.00 and $5,000,000.00.

SET ASIDE: This is a 100% Small Business Set-Aside.

Central Contractor Registration and ORCA are now available through the System for Aw ard Management (SAM), available at w w w .sam.gov.

Offerors must comply w ith the requirements of 52.204-7, 52.204-8, 52.232-33, and any other CCR/ORCA requirements in this solicitation through SAM.PLEASE NOTE: SAM is completely free of charge for both registrants and users.

Note: See Clause 52.211-10; Commencement , Prosecution and Completion of Work.

X

ROBERT B HOLDSWORTH

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

20-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

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________806 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________19 Aug 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time 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 _______90 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-CELRN-RC-N

DIRECTORATE OF CONTRACTING

110 9TH AVENUE SOUTH, RM A405

NASHVILLE TN 37203

W912P5

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

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

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

615-736-7124FAX:TEL: 615-736-7917 TEL: FAX:

W912P521B0010 88

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

W912P521B0010

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization and Demobilization

FFP

(01 22 00) FOB: Destination

PURCHASE REQUEST NUMBER: W38XDD93024650

PSC CD: Y1QA

NET AMT

0002 1 Job Performance and Payment Bonds

FFP

(01 22 00) FOB: Destination

0003 1 Job Temporary Fencing

FFP

FOB: Destination

0004 1 Job Erosion Control - Channel Excavation

FFP

(01 57 19) FOB: Destination

0005 1 Job Erosion Control - Burn Site

FFP

(01 57 19) FOB: Destination

0006 1 Job Erosion Control - Disposal Area

FFP

(31 23 00) FOB: Destination

0007 1 Job Temporary Levee Access Ramps

FFP

(31 23 00) FOB: Destination

0008 110,830 Square

Yard

Channel Clearing, Grubbing, Stripping

FFP

(31 11 00) FOB: Destination

0009 9,740 Square

Burn Site Stripping

(31 11 00) FOB: Destination

0010 79,920 Square

Herbicide Spraying,Mowing,Vine Treatment

(32 92 19) FOB: Destination

0011 77,300 Cubic

Unclassified Excavation

(31 23 00) FOB: Destination

0012 28,790 Square

Riparian Seeding

(32 92 19) FOB: Destination

0013 96,220 Square

Upland Seeding

(32 92 19) FOB: Destination

0014 46,380 Square

Disposal Area Seeding

(31 23 00) FOB: Destination

0015 12 Each Temporary Stream Crossings

FFP

(31 23 00) FOB: Destination

1001 1 Job OPTION Performance and Payment Bonds

FFP

(01 22 00) FOB: Destination

1002 1 Job OPTION Erosion Control - Channel Excavation

FFP

(01 57 19)

1003 1 Job OPTION Erosion Control - Burn Site

FFP

(01 57 19)

1004 1 Job OPTION Erosion Control - Disposal Area

FFP

(31 23 00)

1005 25,800 Cubic

OPTION Unclassified Excavation

(31 23 00)

1006 4,520 Square

OPTION Riparian Seeding

(32 92 19)

1007 15,480 Square

OPTION Disposal Area Seeding

(31 23 00)

1008 6 Each OPTION Temporary Stream Crossings

FFP

(31 23 00) FOB: Destination

2001 1 Job OPTION Performance and Payment Bonds

FFP

(01 22 00)

2002 140 Cubic

(35 31 19.20)

2003 3,140 Square

OPTION Levee Stripping

(35 31 19.20)

2004 3,510 Square

OPTION Geotextiles

(35 31 19.20)

2005 550 Cubic

OPTION Aggregate Void Filler/Drainage Layer

(35 31 19.20)

2006 3,140 Square

OPTION Geogrid

(35 31 19.20)

2007 2,400 Square

OPTION Erosion Control Blankets

(32 92 19)

2008 2,400 Square

OPTION Levee Seeding

(32 92 19)

2009 3,510 Square

OPTION Articulated Concrete Block Installation

(35 31 19.20)

2010 140 Cubic

OPTION 4000 psi Concrete

(35 31 19.20)

3001 1 Job OPTION Performance and Payment Bonds

FFP

(01 22 00)

3002 140 Cubic

(35 31 19.20)

3003 3,480 Square

(35 31 19.20)

3004 3,850 Square

(35 31 19.20)

3005 600 Cubic

(35 31 19.20)

3006 3,480 Square

(35 31 19.20)

3007 2,770 Square

(32 92 19)

3008 2,770 Square

(32 92 19)

3009 3,850 Square

(35 31 19.20)

3010 140 Cubic

(35 31 19.20)

4001 1 Job OPTION Performance and Payment Bonds

FFP

(01 22 00)

4002 150 Cubic

(35 31 19.20)

4003 3,840 Square

(35 31 19.20)

4004 4,220 Square

(35 31 19.20)

4005 660 Cubic

(35 31 19.20)

4006 3,840 Square

(35 31 19.20)

4007 3,190 Square

(32 92 19)

4008 3,190 Square

(32 92 19)

4009 4,220 Square

(35 31 19.20)

4010 150 Cubic

(35 31 19.20)

5001 1 Job OPTION Performance and Payment Bonds

FFP

(01 22 00)

5002 150 Cubic

(35 31 19.20)

5003 4,030 Square

(35 31 19.20)

5004 4,380 Square

(35 31 19.20)

5005 700 Cubic

(35 31 19.20)

5006 4,030 Square

(35 31 19.20)

5007 3,270 Square

(32 92 19)

5008 3,270 Square

(32 92 19)

5009 4,380 Square

(35 31 19.20)

5010 150 Cubic

(35 31 19.20)

6001 1 Job OPTION Performance and Payment Bonds

FFP

(01 22 00)

6002 150 Cubic

(35 31 19.20)

6003 4,250 Square

(35 31 19.20)

6004 4,620 Square

(35 31 19.20)

6005 730 Cubic

(35 31 19.20)

6006 4,250 Square

(35 31 19.20)

6007 3,460 Square

(32 92 19)

6008 3,460 Square

(32 92 19)

6009 4,620 Square

(35 31 19.20)

6010 150 Cubic

(35 31 19.20)

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 806 dys. ANP 1 EAST KY AREA OFC, MARTINS FORK

U S ARMY CORPS OF ENGRS RES MGR,

MARTINS FORK

BOX 763

SMITH KY 40831

964825

0002 806 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0003 806 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0004 806 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0005 806 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0006 806 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0007 806 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0008 806 dys. ANP 110,830 (SAME AS PREVIOUS LOCATION)

0009 806 dys. ANP 9,740 (SAME AS PREVIOUS LOCATION)

0010 806 dys. ANP 79,920 (SAME AS PREVIOUS LOCATION)

0011 806 dys. ANP 77,300 (SAME AS PREVIOUS LOCATION)

0012 806 dys. ANP 28,790 (SAME AS PREVIOUS LOCATION)

0013 806 dys. ANP 96,220 (SAME AS PREVIOUS LOCATION)

0014 806 dys. ANP 46,380 (SAME AS PREVIOUS LOCATION)

0015 806 dys. ANP 12 (SAME AS PREVIOUS LOCATION)

1001 882 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1002 882 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1003 882 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1004 882 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1005 882 dys. ANP 25,800 (SAME AS PREVIOUS LOCATION)

1006 882 dys. ANP 4,520 (SAME AS PREVIOUS LOCATION)

1007 882 dys. ANP 15,480 (SAME AS PREVIOUS LOCATION)

1008 882 dys. ANP 6 (SAME AS PREVIOUS LOCATION)

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

2003 N/A N/A N/A N/A

2004 N/A N/A N/A N/A

2005 N/A N/A N/A N/A

2006 N/A N/A N/A N/A

2007 N/A N/A N/A N/A

2008 N/A N/A N/A N/A

2009 N/A N/A N/A N/A

2010 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

3003 N/A N/A N/A N/A

3004 N/A N/A N/A N/A

3005 N/A N/A N/A N/A

3006 N/A N/A N/A N/A

3007 N/A N/A N/A N/A

3008 N/A N/A N/A N/A

3009 N/A N/A N/A N/A

3010 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

4003 N/A N/A N/A N/A

4004 N/A N/A N/A N/A

4005 N/A N/A N/A N/A

4006 N/A N/A N/A N/A

4007 N/A N/A N/A N/A

4008 N/A N/A N/A N/A

4009 N/A N/A N/A N/A

4010 N/A N/A N/A N/A

5001 N/A N/A N/A N/A

5002 N/A N/A N/A N/A

5003 N/A N/A N/A N/A

5004 N/A N/A N/A N/A

5005 N/A N/A N/A N/A

5006 N/A N/A N/A N/A

5007 N/A N/A N/A N/A

5008 N/A N/A N/A N/A

5009 N/A N/A N/A N/A

5010 N/A N/A N/A N/A

6001 N/A N/A N/A N/A

6002 N/A N/A N/A N/A

6003 N/A N/A N/A N/A

6004 N/A N/A N/A N/A

6005 N/A N/A N/A N/A

6006 N/A N/A N/A N/A

6007 N/A N/A N/A N/A

6008 N/A N/A N/A N/A

6009 N/A N/A N/A N/A

6010 N/A N/A N/A N/A

BID SCHEDULE

*The Bid Schedule will be attached separately (MidChannelClearing_(RTA)_BidSchedule.xlsx).

Section 00 21 00 - Instructions

INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

1.0 GENERAL REQUIREMENTS

1.1 Intent: The intent of this solicitation is to award one (1) Firm Fixed-Price Contract for Channel Clearing at Middlesboro, Bell County, KY.

1.2 Disclosure of Magnitude of Construction Project: The estimated magnitude of the base contract for this requirement is between $1,000,000 and $5,000,000.

1.3 Basis of Selection of Award: Award shall be made to the lowest priced bidder who is determined to be responsive and responsible. See Federal Acquisition Regulation (FAR) 52.214-19, Contract Award- Sealed Bidding Construction, for more information.

Pursuant to FAR 52.217-5, Evaluation of Options, 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). All options will be exercised at the discretion of the Government.

The Government reserves the right to exercise the options out of numerical order.

1.4 Type of Contract: Type of Contract: The Government intends to award one (1) firm-fixed price construction contract.

1.5 Who May Submit: This procurement is a 100% Small Business Set-aside.

1.6 North American Industry Classification System (NAICS) Code and Size Standard: The NAICS code for this project is 237990, Other Heavy and Civil Engineering Construction with a size standard of $39.5 Million.

1.7 Specifications and Drawings: Specifications and Drawings will be provided as separate files and will be available on Beta SAM. See the complete drawings and specification package located at http://sam.gov. The Specifications and Drawings are part of the solicitation/contract and shall be considered in that respect (see Defense Federal Acquisition Regulation Supplement (see DFARS) 252.236-7001, Contract Drawings and Specifications).

1.8 Pre-Bid Site Visit: An organized site visit has been scheduled to occur during the solicitation period at 1000 Eastern Time on Tuesday, July 27th, 2021. Bidders should inspect the job site prior to submitting a bid. Bidders should take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve bidders from the responsibility for properly estimating the difficulty or cost of successfully performing the work. The Government assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, agents or employees, unless included in the solicitation, the specifications or related documents.

Please refer to FAR 52.236-27 Alt I, Site Visit (Construction) incorporated by full text in this solicitation, for information pertaining to the scheduled site visit.

A mandatory site specific hazard training will be conducted the first hour (10:00 AM Eastern Time) of the site visit. Safety boots and hard hat are required to attend site visit.

The physical address where the onsite hazard training will be given is at:

34 Apollo Fuels Rd.

Middlesboro, KY 40965

It is located off Winchester Avenue, on the left across from the haul road entrance. Taking a car onsite to the disposal area is not advised.

POC for site visit is Scott Mullins, he can be reached at 606-872-3216 the morning of the site visit.

REGISTRATION: Only registered persons will be permitted to attend the site visit. In addition to the information below, please also provide your firm’s name, firm’s CAGE and/or Unique Entity Identifier (known as DUNS) number, and name and position title of primary point-of-contact and their telephone number and email address.

Please provide this information to Cierra Mendoza via email at Cierra.R.Mendoza@usace.army.mil.

Contractors and/or potential contractors wishing to attend a pre-bid meeting held at or in LRN restricted/controlled areas (such as a Power Plant or Navigation Lock) shall submit a Nashville District (LRN) Security Access Form to the Contract Specialist five (5) business days prior to the site visit or meeting. If submitting the document in less than five business days, the bidder may not receive approval for participation. The Contract Specialist will notify the Contractor if the request is approved or denied. Any pre-bid meeting which will cover anything other than public domain information shall be limited to U.S. Citizens, except under unique circumstances.

U.S. CITIZENS: The bidder shall submit a Nashville District Corps of Engineers U.S. Citizen Pre-Bid and/or Site Visit Request Form to the LRN Point of Contact, Contract Specialist, Cierra Mendoza, no later than five (5) business days prior to the site visit. If submitting the document in less than five business (5) days, the bidder may not receive approval for participation. The LRN POC will notify the individual(s) if the request is approved or denied. The Security Access Form and guidance is available as a pdf attachment on http://sam.gov with this solicitation and is titled Pre-Bid Meeting and/or Site Visit Request Form.

FOREIGN NATIONALS (FNs): All non-U.S. Citizens, including permanent residents wishing to attend the site visit must be approved in advance. FNs wishing to attend a site visit shall submit a completed Nashville District Corps of Engineers Foreign National Pre-Bid Meeting Request Form and legible color copies of two (2) of the following documents: Passport (unexpired or expired), Certificate of U.S. Citizenship (INS Form N-560 04 N-561), Certificate of Naturalization (INS Form N-550 or N-570), unexpired foreign Passport with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization, an Alien Registration Receipt Card with photo (INS Form I-151 or I-551), unexpired Temporary Resident Card (INS Form I-688), unexpired Employment Authorization Card (INS Form I- 688A), unexpired Reentry Permit (INS Form I-327), unexpired Refugee Travel Document (INS Form I-571), or unexpired Employment Authorization Documentation issued by the INS which contains a photograph (INS Form I-688B) to the LRN Point of Contact, Contract Specialist Debra Barlow. These documents must be submitted two (2) weeks prior to the site visit. FN requests require approval at the Headquarters U.S. Army Corps of Engineers (HQUSACE) level. Exceptions will be considered on a case by case basis but will be limited.

The form is available as a pdf attachment on www.fbo.gov with this solicitation and is titled Foreign National Pre- Bid Meeting Request Form.

POINT OF CONTACT: For questions and /or concerns regarding the site visit, please contact Contract Specialist Cierra Mendoza via email at the address referenced above.

This will be the only site visit for this project. If you miss the scheduled site visit, no other arrangements will be made due to personnel and time restrictions.

1.9 POINT OF CONTACT FOR COMMUNICATION/QUESTIONS: Any communications regarding this procurement must be made in writing to the Nashville Contracting Branch, Attn: Cierra Mendoza via email at Cierra.R.Mendoza@usace.army.mil. Inquiries must identify the solicitation number, the requestor’s company name, address, email address, and telephone number to include area code. Phone calls or requests to arrange meetings at the Nashville District during the solicitation period to discuss project requirements or company’s capabilities are highly discouraged and will not be scheduled. Questions regarding the solicitation must be submitted to Cierra Mendoza via email at Cierra.R.Mendoza@usace.army.mil no later than Tuesday, August 3, 2021 at 10:00 AM Central Time.

1.10 Amendments Prior to Date Set for Closing of IFB. The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for submission of bid. Such revisions and amendments, if any will be announced by an amendment or amendments to this IFB. If the revisions and amendments are of a nature which requires material changes in quantities or prices proposed or both, the date set for receipt of bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidder to revise their bid. In such cases, the amendment will include an announcement of the new date for receipt of bid.

1.11 NOTICE TO BIDDER: Use of Class I Ozone-Depleting Substances

a. In accordance with Section 326 of P.L. 102-484, the Government is prohibited from awarding any contract which includes a specification or standard that requires the use of a Class I ozone-depleting substance (ODS) identified in Section 601(a) of the Clean Air Act, (42 U.S.C 767a(a)), or that can be met only through the use of such a substance unless such use has been approved, on an individual basis, by a senior acquisitions official who determines that there is no suitable substitute available.

b. To comply with this statute, the Government has conducted a best effort screening of the specifications and standards associated with this acquisition to determine whether they contain any ODS requirements. This requirement has no relationship to ODSs.

c. If the bidder possesses any special knowledge about any other ODSs required directly or indirectly at any level of contract performance, the U.S. Army would appreciate if such information were surfaced to the Contracting Officer for appropriate action. To preclude delay to the procurement, the bidder should provide any information as soon as possible after release of this IFB and prior to the submission of bids to t he extent practicable. It should be understood that there is no obligation on the bidder to comply with the request and that no compensation can be provided for doing so.

d. In accordance with Section 326 of P.L. 102-484, the Government is prohibited from awarding any contract which includes a specification or standard that requires the use of a Class I ozone-depleting substance (ODS) identified in Section 601(a) of the Clean Air Act, (42 U.S.C 767a(a)), or that can be met only through the use of such a substance unless such use has been approved, on an individual basis, by a senior acquisitions official who determines that there is no suitable substitute available.

1.12 DETERMINATION OF RESPONSIBILITY.

a. To ensure award is made to a responsible bidder, a determination of responsibility will be conducted. As part of this responsibility determination, the Contracting Officer will utilize the guidance contained in FAR Subpart 9.1, Responsible Prospective Contractors. In accordance with FAR 9.104-1, to be determined responsible, a prospective contractor must:

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

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

(3) Have a satisfactory performance record, similar in scope and magnitude of that stated in the contract requirement;

(4) Have a satisfactory record of integrity and business ethics;

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

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

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

2.0 WHAT, HOW, AND WHERE TO SUBMIT BID

2.1 The following documents must be submitted with your IFB in original and one (1) copy:

(1) SF 1442, Solicitation, Offer and Award

a. Should include:

i. Unique Entity Identifier (formerly known as DUNS)

ii. CAGE number

iii. Tax Payer ID number

(2) Solicitation amendments acknowledged, if applicable

(3) Bid Schedule

(4) Bid Guarantee (see FAR 52.228-1)

(5) Representations and Certifications, unless you are currently registered in SAM.

2.2 Offerors shall submit their bids no later than the time and date specified in Block 9 of SF 33 of this solicitation as follows:

The Offeror’s bid shall be submitted electronically, as described below. The IFB will provide bid submission instructions and receipt date for bid submittal. The Offeror’s bid shall not contain classified data. The use of hyperlinks in proposals is prohibited.

NOTE: The only authorized transmission method for bids in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND

CARRIED, ETC.) WILL BE ACCEPTED.

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

https://safe.apps.mil/

Please send bids using the link above to Contract Specialist Cierra Mendoza via email at Cierra.R.Mendoza@usace.army.mil AND to Contracting Officer JW Purcell at James.W.Purcell@usace.army.mil.

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the SAFE site.

Submission shall be in Adobe PDF format. You are limited to twenty-five (25) maximum files per upload (total size cannot exceed 8GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist Cierra Mendoza via email at Cierra.R.Mendoza@usace.army.mil. AND Contracting Officer JW Purcell at James.W.Purcell@usace.army.mil no later than five (5) business days prior to the bid due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to email or request a code five (5) business days before proposal submission date may not be able to receive a request code in time to upload their submission. THIS MUST BE DONE FOR

THIS PROCUREMENT.

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

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

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

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

3. When completing your file information for transmittal via the SAFE website, you will be required to enter the email addresses for all recipients. For this solicitation, the recipients are the Contract Specialist, Cierra Mendoza via email at Cierra.R.Mendoza@usace.army.mil and the Contracting Officer JW Purcell at James.W.Purcell@usace.army.mil. The e-mail address of the Government Employee who initiated the request code will be automatically entered. The Offeror must enter the email address for both the Contracting Officer and Contract Specialist. The Offeror can enter an additional email address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

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

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

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

RECEIPT OF SUBMISSIONS: For the purpose of establishing whether a bid submission is considered timely, the Government will consider the date and time the submission is completely uploaded into the SAFE website. For bids larger than the 8GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

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

3.0 INSURANCE/BONDS:

3.1 BID BOND (SF-24). All bidders are required to submit bid bonds with their proposal. In accordance with FAR 52.228-1, Bid Guarantee, the bid guarantee amount shall be at least 20 percent of the bid price but shall not exceed $3,000,000.00.

3.2 INSURANCE. Contractor shall carry Liability and Insurance. See FAR 52.228-5, Insurance – Work on a Government Installation.

3.3 The bidder whose bid is accepted will be required to comply with the following within the time established in the invitation for bid:

a. PERFORMANCE BONDS (SF 25-A). Pursuant to FAR 52.228-15, Performance and Payment Bonds—Construction, the penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received on a SF 25A within ten (10) calendar days after receipt of contract award. The SF 25A can be found at the GSA Forms Library at https://www.gsa.gov/forms

b. PAYMENT BONDS (SF 25). Pursuant to FAR 52.228-15, Performance and Payment Bonds— Construction, the penal amount of the payment bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received on a SF 25 within ten (10) calendar days after receipt of award. The SF 25 can be found at the GSA Forms Library at https://www.gsa.gov/forms.

4.0 SYSTEM FOR AWARD MANAGEMENT (SAM) AND ANNUAL REPRESENTATIONS AND

CERTIFICATIONS

In accordance with FAR 52.204-7, System for Award Management, registration is required in the System for Award Management (SAM) database located at www.sam.gov. More specifically, "An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation." (See FAR 52.204-7(b)(1)).

For SAM Customer Service, contact:

Federal Service Desk URL: www.fsd.gov Hours: 8am - 8pm (Eastern Time) U.S. Calls: 866-606-8220 International Calls: 334-206-7828

DSN: 866-606-8220

IMPORTANT NOTICE: Effective June 29, 2018 vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) within 30 days of activation or the vendor risks no longer being active in SAM.

Vendors can check whether an account is active by performing a query by their CAGE or Unique Entity Identifier (known as DUNS).

The new registration process may now take several weeks, so vendors are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards. Remember, there is no cost to use SAM.

To find out additional information about the changes of the SAM registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM homepage (www.sam.gov).

5.0 BIDDERS CHECKLIST

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 bid. The Government shall not be responsible for items not described below. It is not required to be return with your bid.

[ ] Is your bid guarantee in the proper form?

[ ] If signing on behalf of your company, have you attached evidence of your authority to sign the bid?

[ ] Have you acknowledged all amendments? Have you submitted your bid on the latest amended bid schedule?

[ ] Is the name in which you submitted your bid the same as on the bid bond?

[ ] Have you entered a unit price for each bid item?

[ ] Have you checked your bid for possible errors? Arithmetically?

[ ] Are all erasures or corrections initialed by the person signing the bid?

[ ] The Government may reject a bid as nonresponsive if it is materially and mathematically unbalanced as to price for any bid item or combination of items. A bid is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

[ ] Is the envelope containing your bid properly identified that it is a sealed bid and does it contain the correct solicitation number and bid opening time? See FAR 52.214-5, Submission of Bids.

[ ] Will your bid arrive on time? See FAR 52.214-7, Late Submissions, Modifications, and Withdrawals of Bids.

[ ] Have you furnished all information required by the invitation for bids solicitation and/or the specifications?

6.0 CONTRACTOR FEEDBACK

Help us in BUILDING STRONG. Please provide us with your feedback, comments and recommendations for improvement by visiting our Interactive Customer Evaluation (ICE) website at:

http://ice.disa.mil/index.cfm?fa=card&service_provider_id=110824&site_id=856&service_category_id=14

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.211-7 Alternatives to Government-Unique Standards NOV 1999 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 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.228-1 Bid Guarantee SEP 1996 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (APR 2014)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/);

(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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).

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.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

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:

US Army Corps of Engineers, Nashville Branch James W. Purcell, Contracting Officer 110 9th Avenue South, Room A-680 Nashville, TN 37203

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

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

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

(b) An organized site visit has been scheduled for--

Tuesday, July 27, 2021 at 10:00 AM Eastern Time

(c) Participants will meet at--

A mandatory site specific hazard training will be conducted the first hour (1000 Eastern Time) of the site visit. Safety boots and hard hat are required to attend site visit.

The physical address where the onsite hazard training will be given is at:

34 Apollo Fuels Rd.

Middlesboro, KY 40965

It is located off Winchester Avenue, on the left across from the haul road entrance. Taking a car onsite to the disposal area is not advised.

POC for site visit is Scott Mullins, he can be reached at 606-872-3216 the morning of the site visit.

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):

The full text of FAR clauses and provisions can be found at https://www.acquisition.gov/browse/index/far

The full text of DFARS clauses and provisions can be found at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

None at this time

(End of Provision)

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 Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regula

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)

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

(2) The small business size standard is $39,500,000.

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

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

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

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

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

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified…