W912P524B0003 CHE Spillway Gate Electrical Component Replacement Solicitation.pdf

PROJECT TITLE: CHEATHAM DAM SPILLWAY GATES ELECTRICAL COMPONENTS REPLACEMENT

TYPE OF CONTRACT: Firm-Fixed Price Construction

DISCLOSURE OF THE MAGNITUDE OF THE PROPOSED CONSTRUCTION PROJECT: The magnitude of this project is betw een $1,000,000 and $5,000,000

NAICS: 237990 (Other Heavy and Civil Engineering Construction) SIZE STANDARD: $45.0 Million

TYPE OF SET ASIDE: This project is 100% Total Small Business Set-Aside

Contractors must register and complete the representation and certif ication requirements in the System for Aw ard Management (SAM) database available at https://sam.gov. PLEASE ensure you annual SAM registration is current. Of ferors must comply w ith the requirements of 52.204-7, 52.204-8, and 52.232-33, and any other representation and certif ication requirements in this solicitation through SAM.

X

DIANA L NAMARA 615-736-7868

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

10-Jul-2024

(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 ________425 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 ______________12 Aug 2024 (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

CELRN-CT CONTRACTING BRANCH

110 9TH AVE S STE A405

NASHVILLE TN 37203

W912P5

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (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:

W912P524B0003 53

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

W912P524B0003

Section 00 10 00 - Solicitation

SUMMARY OF WORK

CHEATHAM DAM SPILLWAY GATE ELECTRICAL COMPONENTS REPLACEMENT

Refer to the W912P524B0003_TPlans_RTA_14 Jun 24 and W912P524B0003_TSpecs_RTA_17 Jun 24 attached separately for project details.

General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.”

Antiterrorism (AT) Level I training: All contractor and subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I Awareness Training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each applicable contract employee and subcontractor employee, to the COR or to the Contracting Officer (if a COR is not assigned), within 5 calendar days after completion of training by all contract personnel. AT Level I Awareness Training is available at the following website: https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf

Each contract employee must take the training prior to receiving a training certificate.

Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on DoD property in the US shall be vetted by the District Security Office using the National Crime database and Terrorist Screening Database. Contract personnel shall comply with all personal identity verification requirements specified in facility policies and procedures.

Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

If the work in the controlled area is expected to last less than six months, the investigation requirements fall under Category B1 for US Citizens and Category C for Foreign Nationals. Contract employees will need to be supervised/ escorted by a Corps employee while within the restricted area.

If the work in the controlled area is expected to last more than six months, the investigation requirements fall under Category B3 for US Citizens and Category C for Foreign Nationals.

Guidance and forms for background investigation requirements are available on the Nashville District Public Website:

https://www.lrd.usace.army.mil/Submit-ArticleCS/Programs/Article/3667149/contracting/

Contract and sub-contract employees are not authorized to begin work on any contract until investigation requirements have been completed and notification has been made by the COR or the District Security Office.

Because the work is being performed in a restricted area, there are restrictions on use of persons either imprisoned or previously convicted of a felony. The Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands, or the US Federal Government. The Contractor shall not employ in the performance of this contract any person who has been convicted of a felony imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or the US Federal Government.

Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity. “The contractor and all associated sub-contractors shall receive training on the local Suspicious Activity Reporting Program. This training identifies behavioral indicators and provides guidance reporting suspicious activity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training. The iWatch training for contractors is available on the Nashville District Public Website:

https://www.lrd.usace.army.mil/Submit-ArticleCS/Programs/Article/3667149/contracting/

Additional Optional Information Regarding Suspicious Activity Reporting is available at:

Corps Watch https://corpslakes.erdc.dren.mil/visitors/corpswatch.cfm; iWatch Army is available at https://www.army.mil/standto/archive/2018/07/25/;

Alabama Suspicious Activity Report: https://app.alea.gov/SAR/ Eye On Kentucky program (report anonymously suspicious criminal or terrorist activity) https://homelandsecurity.ky.gov/Pages/Report-Suspicious-Activity.aspx ; Tennessee Suspicious Activity Report https://www.tn.gov/safety/homeland-security/report-suspicious-activity.html; and Homeland Security “See Something Say Something” https://www.dhs.gov/see-something-say-something.”

All contract personnel with access to critical information (as identified in the RA’s OPSEC Program) shall complete initial and annual refresher OPSEC Level I Awareness training, which is available at the following websites: https://securityawareness.usalearning.gov/opsec/index.htm (websites subject to change). All contract personnel with access to Controlled Unclassified Information (CUI) shall complete initial and annual refresher CUI training in accordance with applicable Army policy. https://securityawareness.usalearning.gov/disclosure/index.html Escorting in classified and/or sensitive areas: In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or activities, or restricted areas. “Escorts must be USACE employees and never other contractors. Note Escort Requirement will no longer be required once the Contract Representative has been notified a favorable long-term investigation (Category B3) has been completed. B3 not required for extremely short maintenance or repair contracts in which the contractor will be escorted throughout project completion (under 30 days).”

Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

Cheatham Dam Spillway Gate Electrical Components Replacement Charlotte, TN

BID SCHEDULE

EST UNIT

ITEM NO. DESCRIPTION QTY UNIT PRICE AMOUNT

BASE CONTRACT (GATES 1 - 7)

0001 Mobilization and Demobilization 1 JOB $ $ 0002 Price and Performance Bonds 1 JOB $ $ 0003 Demolition 1 JOB $ $ 0004 Replacement Electrical Controls 1 JOB $ $ 0005 Grounding and Bonding 1 JOB $ $ 0006 Conductor and Conduit 1 JOB $ $ 0007 Asebestos Abatement Work 1 JOB $ $

BASE CONTRACT AMOUNT $

OPTION 1 (BRAKES)

1001 Price and Performance Bonds 1 JOB $ $ 1002 Demolition 1 JOB $ $ 1003 Replacement of Brakes 1 JOB $ $ 1004 Asebestos Abaement Work 1 JOB $ $

OPTION 1 AMOUNT $

OPTION 2 (MOTORS)

2001 Price and Performance Bonds 1 JOB $ $ 2002 Demolition 1 JOB $ $ 2003 Replacement of Motors 1 JOB $ $

OPTION 2 AMOUNT $

OPTION 3 (COUPLINGS & PILLOW BLOCKS)

3001 Price and Performance Bonds 1 JOB $ $ 3002 Demolition 1 JOB $ $ 3003 Replacement of Couplings 1 JOB $ $ 3004 Replacement of Pillow Blocks 1 JOB $ $

OPTION 3 AMOUNT $

OPTION 4

4001 Price and Performance Bonds 1 JOB $ $ 4002 Replacement of Lighting Equipment

(SHED 4)

OPTION 4 AMOUNT $

OPTION 5

5001 Price and Performance Bonds 1 JOB $ $ 5002 Spare Limit Switch

OPTION 5 AMOUNT $

TOTAL CONTRACT AMOUNT (BASE + OPTIONS) $

CLAUSES INCORPORATED BY REFERENCE

52.228-17 Individual Surety--Pledge of Assets (Bid Guarantee) FEB 2021 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

CLAUSES INCORPORATED BY FULL TEXT

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS--NOTICE AND REPRESENTATION (JUN

2020)

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

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means--

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if--

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C- 1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that--

(1) It [_]is [_]is not a foreign person; and

(2) If the Offeror indicates ``is'' in paragraph (d)(1) of this provision, then the Offeror represents that--I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then--

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract;

and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects ``is'' in paragraph (d)(1) and ``partial or no exemption'' in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

Section 00 21 00 - Instructions

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 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 52.216-1 Type Of Contract APR 1984 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

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.

52.222-23 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

15.8% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Charlotte, TN (Dickson County)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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

U.S. Army Corps of Engineers (USACE) Nashville Contracting Branch (CELRN-CT) Bridget L. Passatore, Contracting Officer 110 9th Avenue South, Room A405 (Mailroom) Nashville, TN 37203 Email: Bridget.L.Passatore@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.

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 bidders are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for-- JULY 18, 2024, at 10:00 AM Central Time (CT)

(c) Participants will meet at-- Cheatham Power Plant Warehouse conference room (on-site) 2250 Cheatham Dam Road Charlotte, TN 37036

(d) Point of Contract Operations Manger: Freddie Bell Office Ph: 615-240-4050 Mobile: (615) 812-2866

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/

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

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 regulation.

Section 00 21 13 - Instructions to Bidders

INSTRUCTIONS, CONDITIONS & NOTICES TO BIDDERS

1.0 GENERAL REQUIREMENTS

1.1 Intent: The intent of this solicitation is to award one (1) construction contract for Cheatham Dam Spillway Gate electrical component replacement.

1.2 Disclosure of Magnitude of Construction Project: The estimated magnitude of 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.

1.4 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 Small Business Size Standard: The NAICS code for this project is 237990 Other Heavy & Civil Engineering Construction, with a size standard of $45,000,000.

1.7 Specifications and Drawings: Specifications and Drawings will be provided as separate files and will be available on Procurement Integrated Enterprise Environment (PIEE) Solicitation Module. See the complete drawings and specification package located at PIEE.

The Specifications and Drawings are part of the solicitation/contract and shall be considered in that respect (see Defense Federal Acquisition Regulation Supplement (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.

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.

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 number, and name and position title of primary point-of-contact and their telephone number and email address. Please provide this information via email to Bridget Passatore at Bridget.L.Passatore@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 and Contracting Officer, Bridget Passatore, no later than five (5) business days prior to the site visit. If submitting the document in less than five (5) business 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 www.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 and Contracting Officer, Bridget Passatore. 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.sam.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 Contracting Officer Bridget Passatore via email at the address referenced above. Please submit all site visit request forms to Bridget Passatore @ Bridget.L.Passatore@usace.army.mil. When you send your site visit request form, please put “W912P524B0003 – (Foreign National or U.S. Citizen) Request Form- (Your Company Name)” in the subject line of the email. Please edit the information in parenthesis to match the request form you submit and your company name.

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 POC for Communication/Questions: Any communications regarding this procurement must be made in writing to the Nashville Contracting Branch, Attn: Bridget Passatore at Bridget.L.Passatore@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.

OFFEROR'S QUESTIONS AND COMMENTS

Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.ProjNet.org/ProjNet. As noted below, offerors shall not submit their proposals via ProjNet.

Offerors shall submit their proposals in accordance with the provisions stated in the solicitation.

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

Project: Cheatham Dam Spillway Gate Controls Motor & Brake Replacement The Solicitation Number is: W912P524B0003 The Bidder Quick Add Key is: JUXFDI-DPDU4

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Quick Add Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Select Continue. A page will then open stating a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Select Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key- Enter the Bidder Inquiry Key listed above.

5. Email -Enter the email address you used to register previously in ProjNet.

6. Select Continue- A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

From this page you may view all bidder inquiries or add an inquiry. Bidders 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.

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

NOTES:

Offerors shall not submit their proposals via ProjNet, but in accordance with the provisions stated in the solicitation. Any questions regarding acceptable means of submitting offers shall be made directly to the Contract Specialist identified in the solicitation.

1. Government responses to technical inquiries and questions relating to proposal procedures or bonds that are submitted to ProjNet in accordance with the procedures above are not binding on the Government unless an amendment is issued on Standard Form 30. In the case of any conflicts, the solicitation governs. Any changes or revisions to the solicitation will be made by formal amendment.

Government responses will be limited to: (a) Notice that an amendment will be issued; (b) Reference to An existing requirement contained in the solicitation; or (c) Notice that a response is not necessary.

2. The ability to enter technical inquiries and questions relating to bid procedures or bonds will be disabled on Thursday, 25 July 2024. No Government responses will be entered into the ProjNet system after Thursday, 1 August 2024.

1.10 Amendments Prior to Date Set for Closing of Invitation for Bid (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 bidders 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 the 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.

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

ii. CAGE number

iii. Taxpayer ID number

(2) Solicitation amendments acknowledged, if applicable

(3) Bid Schedule

(4) Original Bid Bond with Power of Attorney

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

NOTE: To establish its responsibility the bidder may be requested by the Government to submit a statement regarding previous experience in performing comparable work, business and technical organization, financial resources, and plant available to be used in performing the work. The requested statement submitted will have the following: a minimum of one (1) up-to-date banking reference for their firm and a minimum of three (3) past performance references for similar work.

a. The banking reference shall include the financial institution’s legal name, complete physical address, a point-of-contact (POC) at the financial institution, the POC’s telephone number, and email address.

b. The past performance references shall include firm’s name, the contract number, the contract period of performance and/or contract completion date, the contract’s aggregate value, a brief description of the project, a POC, the POC’s telephone number, and email address.

2.2 PUBLIC OPENING OF BIDS: Bids will be publicly opened at the time set for opening in Block 13 of the SF1442 via video conference presentation. The content will be made public for the information of bidders and others interested, who may be present. Unbalanced bids may be rejected.

The teleconference information is as follows:

LINK: https://dod.teams.microsoft.us/l/meetup-join/19%3adod%3ameeting_6ae86e3ec28c411eb93a98f31dd58219%40thread.v2/0?context=%7b%22Tid %22%3a%22fc4d76ba-f17c-4c50-b9a7-8f3163d27582%22%2c%22Oid%22%3a%227208b0e8-6160-4bfd- 93b6-7c73063c1142%22%7d Dial in by phone +1 601-262-2433 United States, Vicksburg Phone conference ID: 664 685 298#

2.3 SUBMISSION OF BIDS: Bidders shall submit their bids no later than the time and date specified in Block

13 of the SF 1442 of this solicitation or the latest amendment (if applicable) as follows:

The Bidder’s bid shall be submitted electronically via Procurement Integrated Enterprise Environment (PIEE), as described below. The Bidder’s bid shall not contain classified data. The use of hyperlinks in bids is prohibited.

NOTE: The only authorized transmission method to this solicitation is electronically via PIEE Solicitation Module online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILIE, REGULAR MAIL, HAND

CARRIED, ETC.,) WILL BE ACCEPTED.

Bidders shall submit their bids using the following link:

INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:

In an effort to reduce paperwork and cost, all bids shall be submitted electronically via the Solicitation Module of Procurement Integrated Enterprise Environment (PIEE) suite, as described below. Submissions shall be in Adobe PDF format. Electronic Bid Submissions is required through the Army’s Electronic File Sharing Service in PIEE (https://piee.eb.mil/). The PIEE Application is used to send large files to individuals that would normally be too large to send via email. Information regarding how to set up a vendor registration is included in this link:

https://pieetraining.eb.mil/wbt/xhtml/wbt/portal/overview/vendorRegister.xhtml. On this page, click on the “Vendor User Registration” Doc and it will take you through the process of registering as a vendor.

If you plan on submitting a bid, be sure to select “SOL-Solicitation” in the drop-down list and choose the “Proposal Manager” role to be given the proper permissions.

Further training is available at the following links:

https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/index.xhtml - This link shows information regarding the Solicitation application in PIEE and the different roles available.

https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/solicitation/proposals.xhtml - This link is for Offerors regarding the Proposal Manager function and instruction on submitting an offer.

a. File Size Limitations: Offerors are advised to follow the PIEE instructions for uploading files. PIEE supports delivery of up to 1.9GB per file, with no limit on the number of files, as well as multiple file formats. If needed, Offerors are advised to break the files down into smaller sections in order to upload them into the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.

b. File Description: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention.

Each file name shall begin with the firm’s name, and a brief file description. NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the file description. Submission shall be in Adobe PDF format.

c. Upload Completion & Deadline: Interested parties shall submit responses no later than the date specified on the Solicitation document. The time and date of bid receipt will be the upload completion/delivery time and date recorded within the PIEE site. Do not assume that electronic submission will occur instantaneously. Large files (e.g.

10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Offerors are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 14.304.

d. Electronic Files: Files shall be in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office Suite 2016 or Adobe Acrobat Reader 11. Data submitted in a spreadsheet format shall be readable by MS Excel (all cells and formulas should be unlocked).

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 PIEE 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 other than those designated to receive bids.