W912P6-20-B-0005.pdf

W81G6600999939

1. PROJECT TITLE: SHEBOYGAN BREAKWATER REPAIRS, PHASE 2, SHEBOYGAN, WISCONSIN

2. The Estimated Magnitude of Construction cost is betw een $5M and $10M.

3. NAICS code 237990. Size determination: $39.5M Please note that business size in SAM is determined by the NAICS code. If the vendor size is not listed correctly for a particular NAICS code in SAM the business w ill be considered other than a small business.

4. REFERENCE #13 BELOW: All BIDS in response to this Solicitation shall be submitted electronically, as described at Solicitation Section 00 21

13. The only authorized transmission method for bids is electronic, online submission. NO OTHER TRANSMISSION METHODS (E-MAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

5. THIS PROJECT IS SET ASIDE FOR THE SMALL BUSINESS HUBZONE PROGRAM. Offers w ill be accepted only from those f irms registered in the SBA HUBZone program. See https://ew eb1.sba.gov/hubzone/internet/, and see Section 00 70 00 FAR 52.219-3 (DEV).

6. Construction Wage Rates: Davis Bacon General Decision Number: WI20200015 07/24/2020 are applicable to this project.

X

PATRICIA L WOODHOUSE 312.846.5376

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

19-Aug-2020

(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 ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Sect. 00 70 00

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (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 offers 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

U.S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

W912P6

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour) Sealed envelopes containing offers

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

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

FAX:TEL: 312.846.5371 TEL: FAX:

W912P620B0005 65

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

W912P620B0005

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization

FFP

Under this line item, the contractor is required to perform mobilization activities. The contractor will be compensated for the totality of its activities needed to mobilize its equipment and labor force to the project site.

Payment Provisions: The Government will pay all costs for the mobilization of all of the Contractor's plant and equipment at the lump sum price for this item. The Contracting Officer may require the contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there is no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to appeal.

PURCHASE REQUEST NUMBER: W81G6600999939

NET AMT

0002 1 Job Demobilization

FFP

Under this line item, the contractor is required to perform demobilization activities. The contractor will be compensated for the totality of its activities needed to demobilize its equipment and labor force to the project site.

Payment Provisions: The Government will pay all costs for the demobilization of all of the Contractor's plant and equipment at the lump sum price for this item. The Contracting Officer may require the contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there is no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to appeal.

0003 1 Job Section I Repairs

FFP

Section I Steel Sheet Pile Wall Repairs, Sta 24+48 to 17+32

Fill Stone 1 to 3.5"

FFP

This is a Parent Line Item linking Sub-items 0004AA through 0004AB under this Bid Schedule. This Line Item is integral and sets forth the primary work related directly to the respective Sub-items; therefore, the sub-items shall be separately priced at their individual Sub-item Number, which if awarded, will be executed at the quantities, prices and or amounts established therein to satisfy the contract requirements.

Furthermore, this Parent line item shall not be scheduled separately for delivery or priced for payment purposes. Accordingly, delivery, shipment and pricing, all apply to the quantities delineated at the sub-item level.

0004AA 4,669 Net Ton

(2,000

LB).

First 4,669 tons

Fill Stone 1 to 3.5" for Sta 24+41 to 17+32 first 4,669 tons

0004AB 2,001 Net Ton

More than 4,669 tons

Fill Stone 1 to 3.5" for Sta 24+41 to 17+32 more than 4,669 tons

Fill Topping Stone 0.75"

FFP

This is a Parent Line Item linking Sub-items 0005AA through 0005AB under this Bid Schedule. This Line Item is integral and sets forth the primary work related directly to the respective Sub-items; therefore, the sub-items shall be separately priced at their individual Sub-item Number, which if awarded, will be executed at the quantities, prices and or amounts established therein to satisfy the contract requirements.

Furthermore, this Parent line item shall not be scheduled separately for delivery or

0005AA 1,743 Net Ton

First 1,743 tons

Fill Topping Stone 0.75" for Sta 24+41 to 17+32 first 1,743 tons

0005AB 747 Net Ton

More than 1,743 tons

Fill Stone 0.75" for Sta 24+48 to 17+32 more than 1,743 tons

New Scour Stone

FFP

This is a Parent Line Item linking Sub-items 0005AA through 0005AB under this Bid Schedule. This Line Item is integral and sets forth the primary work related directly to the respective Sub-items; therefore, the sub-items shall be separately priced at their individual Sub-item Number, which if awarded, will be executed at the quantities, prices and or amounts established therein to satisfy the contract requirements.

Furthermore, this Parent line item shall not be scheduled separately for delivery or

0006AA 3,037 Net Ton

First 3,037 tons

New Scour Stone for Sta 24+41 to 17+32 first 3,037 tons

0006AB 1,302 Net Ton

More than 3,037 tons

New Scour Stone for Sta 24+41 to 17+32 more than 3,037 tons

0007 1 Lot Performance & Payment Bonds

FFP

FOR LINE ITEMS 0001 THROUGH 0006AB (AND THE RESPECTIVE SUB-

ITEMS THAT ARE BETWEEN 0001 AND 0006AB). The government will reimburse the Contractor for the actual cost of acceptable performance and payment bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly.

Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with contract changes.

0008 1 Job OPTION Option 1 - Rubblemound Structure

Rubblemound Structure Sta 17+32 to 15+35

OPTION Option 1 - Fill Topping Stone

FFP

This is a Parent Line Item linking Sub-items 0008AA through 0008AB under this Bid Schedule. This Line Item is integral and sets forth the primary work related directly to the respective Sub-items; therefore, the sub-items shall be separately priced at their individual Sub-item Number, which if awarded, will be executed at the quantities, prices and or amounts established therein to satisfy the contract requirements.

Furthermore, this Parent line item shall not be scheduled separately for delivery or

0009AA 261 Net Ton

OPTION First 261 tons

Fill Topping Stone 0.75" for Sta 17+32 to 15+35 first 261 tons

0009AB 112 Net Ton

OPTION More than 261 tons

Fill Topping Stone 0.75" for Sta 17+32 to 15+35 more than 261 tons

OPTION Option 1 - Fill Bedding Stone

FFP

This is a Parent Line Item linking Sub-items 0008AA through 0008AB under this Bid Schedule. This Line Item is integral and sets forth the primary work related directly to the respective Sub-items; therefore, the sub-items shall be separately priced at their individual Sub-item Number, which if awarded, will be executed at the quantities, prices and or amounts established therein to satisfy the contract requirements.

Furthermore, this Parent line item shall not be scheduled separately for delivery or

0010AA 3,346 Net Ton

OPTION First 3,346 tons

Fill Bedding Stone for Sta 17+32 to 15+35 first 3,346 tons

0010AB 1,434 Net Ton

OPTION More than 3,346 tons

Fill Bedding Stone for Sta 17+32 to 15+35 more than 3,346

OPTION Option 1 - Fill Underlayment Stone

FFP

This is a Parent Line Item linking Sub-items 0009AA through 0009AB under this Bid Schedule. This Line Item is integral and sets forth the primary work related directly to the respective Sub-items; therefore, the sub-items shall be separately priced at their individual Sub-item Number, which if awarded, will be executed at the quantities, prices and or amounts established therein to satisfy the contract requirements.

Furthermore, this Parent line item shall not be scheduled separately for delivery or

0011AA 2,514 Net Ton

OPTION First 2,514 tons

Fill Underlayment Stone for Sta 17+32 to 15+35 first 2,514 tons

0011AB 1,078 Net Ton

OPTION More than 2,514 tons

Fill Underlayment Stone for Sta 17+32 to 15+35, more than 2,514 tons

OPTION Option 1 - Fill Armorstone

FFP

This is a Parent Line Item linking Sub-items 0010AA through 0010AB under this Bid Schedule. This Line Item is integral and sets forth the primary work related directly to the respective Sub-items; therefore, the sub-items shall be separately priced at their individual Sub-item Number, which if awarded, will be executed at the quantities, prices and or amounts established therein to satisfy the contract requirements.

Furthermore, this Parent line item shall not be scheduled separately for delivery or

0012AA 2,681 Net Ton

OPTION First 2,681 tons

Fill Armorstone for Sta 17+32 to 15+35 first 2,681 tons

0012AB 1,149 Net Ton

OPTION More than 2,681 tons

Fill Armorstone for Sta 17+32 to 15+35 more than 2,681 tons

0013 1 Lot OPTION Option 1 - Performance & Payment Bonds

FFP

FOR LINE ITEMS 0007 THROUGH 0012AB (AND THE RESPECTIVE SUB-

ITEMS THAT ARE BETWEEN 0008 AND 0012AB). The government will reimburse the Contractor for the actual cost of acceptable performance and payment bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly.

Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with contract changes.

0014 1 Job OPTION Option 2 - Rubblemound Structure

Rubblemound Structure Sta 15+35 to 13+53

Option 2 - Fill Topping Stone 0.75"

FFP

This is a Parent Line Item linking Sub-items 0010AA through 0010AB under this Bid Schedule. This Line Item is integral and sets forth the primary work related directly to the respective Sub-items; therefore, the sub-items shall be separately priced at their individual Sub-item Number, which if awarded, will be executed at the quantities, prices and or amounts established therein to satisfy the contract requirements.

Furthermore, this Parent line item shall not be scheduled separately for delivery or

0015AA 242 Net Ton

First 242 tons

Fill Topping Stone 0.75" for Sta 15+35 to 13+53 first 242 tons

0015AB 104 Net Ton

More than 242 tons

Fill Topping Stone 0.75" for Sta 15+35 to 13+53 more than 242 tons

Option 2 - New Scour Stone

FFP

This is a Parent Line Item linking Sub-items 0010AA through 0010AB under this Bid Schedule. This Line Item is integral and sets forth the primary work related directly to the respective Sub-items; therefore, the sub-items shall be separately priced at their individual Sub-item Number, which if awarded, will be executed at the quantities, prices and or amounts established therein to satisfy the contract requirements.

Furthermore, this Parent line item shall not be scheduled separately for delivery or

0016AA 188 Net Ton

First 188 tons

New Scour Stone for Sta. 15+35 to 13+53 first 188 tons

0016AB 81 Net Ton

More than 188 tons

New Scour Stone for Sta. 15+35 to 13+53 more than 188 tons

OPTION Option 2 - Fill Bedding Stone

FFP

This is a Parent Line Item linking Sub-items 0013AA through 0013AB under this Bid Schedule. This Line Item is integral and sets forth the primary work related directly to the respective Sub-items; therefore, the sub-items shall be separately priced at their individual Sub-item Number, which if awarded, will be executed at the quantities, prices and or amounts established therein to satisfy the contract requirements.

Furthermore, this Parent line item shall not be scheduled separately for delivery or

0017AA 3,150 Net Ton

OPTION First 3,150 tons

Fill Bedding Stone for Sta 15+35 to 13+53 first 3,150 tons

0017AB 1,350 Net Ton

OPTION Fill Bedding Stone

Fill Bedding Stone Sta 15+35 to 13+53 more than 3,150 tons

OPTION Option 2 - Fill Underlayment Stone

FFP

This is a Parent Line Item linking Sub-items 0014AA through 0014AB under this Bid Schedule. This Line Item is integral and sets forth the primary work related directly to the respective Sub-items; therefore, the sub-items shall be separately priced at their individual Sub-item Number, which if awarded, will be executed at the quantities, prices and or amounts established therein to satisfy the contract requirements.

Furthermore, this Parent line item shall not be scheduled separately for delivery or

0018AA 2,367 Net Ton

OPTION First 2,367 tons

Fill Underlayment Stone for Sta 15+35 to 13+53 first 2,367 tons

0018AB 1,015 Net Ton

OPTION More than 2,367 tons

Fill Underlayment Stone for Sta 15+35 to 13+53 more than 2,367 tons

OPTION Option 2 - Fill Armorstone

FFP

This is a Parent Line Item linking Sub-items 0015AA through 0015AB under this Bid Schedule. This Line Item is integral and sets forth the primary work related directly to the respective Sub-items; therefore, the sub-items shall be separately priced at their individual Sub-item Number, which if awarded, will be executed at the quantities, prices and or amounts established therein to satisfy the contract requirements.

Furthermore, this Parent line item shall not be scheduled separately for delivery or

0019AA 2,524 Net Ton

OPTION First 2,524 tons

Fill Armorstone for Sta 15+35 to 13+53 first 2,524 tons

0019AB 1,082 Net Ton

OPTION More than 2,524 tons

Fill Armorstone for Sta 15+35 to 13+53 more than 2,524 tons

0020 1 Lot Option 2 - Performance & Payment Bonds

FFP

FOR THE OPTION LINE ITEMS 0014 THROUGH 0019AB (AND THE

RESPECTIVE SUB-ITEMS THAT ARE BETWEEN 0014 AND 0019AB). The government will reimburse the Contractor for the actual cost of acceptable performance and payment bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly. Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with contract changes.

SUMMATION OF PRICES

BASE WORK (Items 0001 through 0007, with respective subline items): $____________________

OPTION 1 (Items 0008 through 0013, with respective subline items): $____________________

OPTION 2 (Items 0014 through 0019, with respective subline items): $____________________

TOTAL BID PRICE

(Items 0001 through 0020, with respective subline items): $_____________________

Section 00 21 00 - Instructions

SYSTEM FOR AWARD MANAGEMENT

Central Contractor Registration (CCR) and Online Representations and Certifications Application (ORCA) are now available through the System for Award Management (SAM), available at www.sam.gov. Offerors shall comply with the requirements of FAR 52.204-7, 52.204-8, 52.232-33, and any other CCR/ORCA requirements in this solicitation through SAM. SAM is free of charge for both registrants and users.

VETERANS EMPLOYMENT EMPHASIS

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS): https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index: https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

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 52.214-3 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 52.217-5 Evaluation Of Options JUL 1990 52.232-15 Progress Payments Not Included APR 1984 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price construction contract resulting from this solicitation.

(End of provision)

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

2014)

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

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

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

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

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

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

7.0% 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 Sheboygan County, Wisconsin.

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.

52.228-1 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 Ms. Regina G. Blair, Contracting Chief, USACE – Chicago District, 231 South LaSalle Street, Suite 1500, Chicago, Illinois 60604.

(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)

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

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

Daniel Wiesner Chief of Construction 920-388-3720 Daniel.A.Wiesner@usace.army.mil

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 FAR clauses and provisions can be found at https://www.acquisition.gov/. The full text of DFARS clauses and provisions can be found at https://www.acq.osd.mil/dpap/.

AFARS 5152.211-9000

EVALUATION OF SUBLINE ITEMS (DEC 2019)

Item Nos. 0004, 0005, 0008, 0009, 0010, 0013, 0014, and 0015 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its subline items.

(End of provision) https://www.acquisition.gov/ https://www.acq.osd.mil/dpap/

Section 00 21 13 - Instructions to Bidders

IMPORTANT BIDDING NOTES

1. BID CONDITIONS

a. The Contractor shall bid ALL items that are contained in the Bid Schedule INCLUDING ALL OPTION ITEMS, with no exceptions. Should a Contractor fail to fully complete the bid schedule, its bid will not be considered responsive to the solicitation and eligible for the resultant contract award. Therefore, the bidder’s total price for the work shall be based on the TOTAL of all BASE AND OPTION items included in the Bid Schedule. The Contractor shall enter both its unit price and extended price for each Bid Item.

b. From this Solicitation, the government intends to award one firm-fixed price contract to the responsive, responsible bidder submitting the lowest overall aggregate price for all Base and Option Items. The intent is to immediately award the base bid items at the time of award.

c. Split or multiple awards will not result from this Solicitation.

d. Bidders are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in the space provided, by completing Blocks 8 and 15 of the Amendment (Standard Form 30), by separate letter, or by telegram prior to opening of bids.

e. SF 1442 BACK (Page 2 of the Solicitation): Bidders shall complete blocks 14 through 20C.

f. Section 00 45 00 (Representations and Certifications): The bidder must complete the applicable boxes found at Section 00 45 00 of this Solicitation and submit the completed Section along with all other documents required by this Solicitation. In order to place a bid in response to this Solicitation, the bidder must be registered in an active status at the System for Award Management (SAM) (registration can be completed on line free of charge at www.sam.gov). Accordingly, any bid furnished from contractor without an active registration at SAM may be considered non-responsive to the material requirements of this Solicitation and ineligible for award.

2. OPTION ITEMS AND PROVISIONS – see FAR Clause 52.217-7 at Section 00 70 00 of this document.

3. BID SUBMISSION

a. All BIDS in response to this Solicitation shall be submitted electronically, as described below. The bid shall not contain classified data, and the use of hyperlinks in bids is prohibited.

The only authorized transmission method for bids is electronic, online submission. NO OTHER

TRANSMISSION METHODS (E-MAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL

BE ACCEPTED.

b. Bids are required no later than 2:00 p.m. Central time on 21 SEPTEMBER 2020 and shall be provided using the DoD Secure Access File Exchange (https://safe.apps.mil) as described in the instructions below.

4. INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS

a. LOCATION OF SUBMISSION: Bids shall be submitted using the following link: https://safe.apps.mil (by following the below instructions).

b. DROP-OFF REQUEST: Bidders shall e-mail the Contract Specialist, Patricia Woodhouse, at Patricia.L.Woodhouse@usace.army.mil, WITH A COPY to the Contracting Officer Regina G. Blair at regina.g.blair@usace.army.mil, requesting a DoD SAFE drop-off link. The drop-off link should be requested NO LATER THAN THREE (3) working days prior to the BID DUE DATE to avoid the Bidder not being able to drop-off its submission, and no sooner than 14 calendar days prior to the bid opening (the link expires after 14 calendar days). You will receive an e-mail from SAFE requesting a drop off.

https://safe.apps.mil/

c. FILE DESCRIPTION: Once files are uploaded to SAFE, include a “File Description” for each file you upload.

The “File Description” will be included in the e-mail 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.

d. FILE FORMAT: Submissions shall be in Adobe PDF format.

e. INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE

(1) Once at the SAFE website, select the “Drop-off” icon. This allows users without a Common Access Card (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 e-mail settings.

(3) When completing your file information for transmittal via the SAFE website, you will be required to enter the e-mail address for each recipient.

For this solicitation, the recipients are the Contract Specialist and the Contracting Officer. The Contract Specialist for this solicitation is Patricia.L.Woodhouse@usace.army.mil, and the Contracting Officer is regina.g.blair@usace.army.mil. The e-mail address of the Government employee who initiated the request code will be automatically entered. The Bidder must enter the e-mail address for both the Contracting Officer and Specialist.

The Bidder can enter an additional e-mail address if desired. After entering the e-mail address, click the ADD button to add the e-mail address(es) to the “Recipients List” of your response. When your bid is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group e-mail accounts.

Even if you successfully upload your bid to the SAFE site, notification will not be sent to the Government recipients until you verify your e-mail address. Entering an incorrect e-mail address may result in the rejection of your submission for lateness. A Bidder can confirm proper submission by the “Drop-Off Completed” screen that generates based on proper drop-off submission.

You will receive an e-mail notification that the Contract Specialist has retrieved your bid and any other files. As with hardcopy sealed bids, the bid and any other files WILL NOT be opened until the virtual bid meeting. They will be downloaded and saved in a secure location.

f. RECEIPT OF SUBMISSIONS: For the purposes of establishing whether a bid submission is considered timely, the Government considers the date and time the submission is completely uploaded into the SAFE website. For bids larger than the 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 above to receive bids. Bidders are responsible for ensuring that bids are submitted so as to reach the designated recipient. Bidders are responsible for allowing sufficient time for the bid to be uploaded and received in accordance with the instructions provided.

g. VIRTUAL BID OPENING AND PARTICIPATION

THE VIRTUAL BID OPENING WILL BEGIN AT 3:00 P.M. CDT ON 21 SEPTEMBER 2020.

Bids WILL NOT be opened at the SAFE website. Once the bid package is picked up, it will be moved unopened to a password-protected/secured file location. The bid package will remain unopened until the time scheduled for the virtual bid opening. The bid opening will be accomplished as described below. Note: In the case of human error, wherein a file containing a bid is inadvertently opened, the file will be immediately closed, without disclosure of any bid prices, and moved to the secured location.

Individuals interested in participating in the virtual bid opening may participate by following these instructions:

Interested individuals will navigate to the Webex link and enter their e-mail address and name. Please provide your full name and information requested at the landing page. This information will be used to generate the list of attendees at the virtual bid opening.

The Webex meeting and audio information (call-in number, access code, etc.) will be provided directly to the beta.sam.gov website, wherein the solicitation is located. This information will be provided within 24–48 hours prior to the bid opening date and time.

The bids will be read aloud, and individuals will be able to view the information on the WEBEX screen as the bids are entered into a bid tabulation sheet.

h. BID GUARANTEE: Bidders are required to submit a Bid Guarantee for this project in accordance with the Federal Acquisition Regulation Clause 52.228-1 Bid Guarantee. Refer to Solicitation Section 00 21 00 for the full text of this clause.

An electronically submitted copy of the Bid Guarantee shall be provided by the Bidder with the electronic bid submission. The Bid Guarantee shall be in the amount of 20% of the bid price or $3M whichever is the lesser. Any bidder failing to submit an electronic Bid Guarantee will be considered non-responsive to the Solicitation and ineligible for award.

Also, the winning bidder will be required to submit its original bid guarantee via mail to:

U.S. Army Corps of Engineers, Chicago District Contracting Branch (Contract Specialist, Patricia Woodhouse) 231 S. LaSalle Street, Suite #1500 Chicago, IL 60604

i. PREAWARD QUESTIONNAIRE: The bidder shall complete the Preaward Questionnaire found at Section 00 40 00 of this solicitation and submit it electronically with its bid submission. The Preaward Questionnaire is used to aid in expediting the award of this project. Only the winning bidder’s information will be surveyed.

5. QUESTIONS

PLEASE NOTE: INTERESTED BIDDERS SHOULD SUBMIT THEIR CONTRACTING AND TECHNICAL

INQUIRIES to Patricia Woodhouse at Patricia.L.Woodhouse@usace.army.mil in sufficient time to avoid delaying the Bid Opening.

BE SURE TO INCLUDE THE SOLICIATION NUMBER W912P6-20-B-0005 AND PROJECT TITLE IN

THE SUBJECT LINE OF YOUR E-MAIL.

Once all inquiries are compiled and addressed, the questions and answers will be generated as an amendment and posted to the beta.sam.gov website for all interested parties to view.

VIRTUAL PRE‐BID MEETING AND PROJECT SITE VISIT

A virtual pre‐bid meeting will be held for this project on 27 August 2020 at 1 p.m. (CDT) by use of Webex.

When it is time to join the meeting on the aforementioned date and time, please use the following weblink as well as the meeting number and meeting password:

Join meeting https://usace.webex.com/usace/j.php?MTID=mef2f379f884a90aa215b1792b8215a2d

FOR AUDIO – JOIN BY PHONE:

Call-in number (ATT Audio Conference): 1-816-423-4282 (US/Canada) Call-in toll-free number (ATT Audio Conference): 1-866-590-5055 (US/Canada) Access Code: 268 944 3 Security Code: 268 944 3 Conference ID No.: Enter the # sign

At the pre‐bid meeting, Government representatives will highlight specific contract requirements. The objective is to provide an information exchange between potential bidders and the Government to avoid the possibility of misinterpretation of the contract requirements. The Corps of Engineers strongly encourages all potential bidders to attend the pre‐bid meeting and, in the interest of making the meeting more meaningful, prospective bidders are urged to present any written questions concerning the project bid documents, bidding, and construction requirements or other related matters prior to the pre‐bid meeting. Send written questions to Patricia Woodhouse at Patricia.L.Woodhouse@usace.army.mil. BE SURE TO INCLUDE THE SOLICIATION NUMBER W912P6-20-B-

0005 IN THE SUBJECT LINE OF YOUR E-MAIL.

With respect to questions, written questions submitted at the beginning of the pre-bid meeting and oral questions submitted from the floor will only be addressed if they are clarifications of information provided in the solicitation and in subsequent amendments issued before the scheduled pre-bid meeting and site visit. Answers, interpretations, and decisions made at the meeting shall not become official unless and until verified by an amendment to the solicitation issued prior to the receipt of bids. Following the meeting, prospective bidders will be permitted to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract to the extent such information is reasonably obtained.

Please see FAR 52.236-27 in Section 00 21 00 of this solicitation for site visit information.

Meeting number: 146 914 4700 Meeting password: tTjnmtFW247

Section 00 40 00 - Procurement Forms and Supplements

PREAWARD SURVEY QUESTIONAIRRE

Please complete the below form to assist in the completion of a Preaward Questionnaire and return it along with your bid: (RE: Subparts 9.104-1 and 9.105-1 of the Federal Acquisition Regulation)

CONTRACTOR: _________________________________________________

SOLICITATION NO. AND TITLE: W912P620B0005, Sheboygan Harbor, WI, Breakwater Repair, Phase 2

1. Month and Year started in business: _________________________________________________

2. Year and State Incorporated: _________________________________________________

3. Key Personnel: President/Owner _________________________________________________ Vice President/Partner _________________________________________________ Secretary/Treasurer _________________________________________________

4. Number of Full-Time Employees _________________________________________________

5. Surety Agency: _________________________________________________ Agent: _________________________________________________ Address, City & State: _________________________________________________ Telephone#: _________________________________________________

6. Insurance Company Agency: _________________________________________________ Agent: _________________________________________________ Address, City & State: _________________________________________________ Telephone#: _________________________________________________

7. Financial Institution Information Name of Bank: _________________________________________________ Contact Person: _________________________________________________ Address, City & State: _________________________________________________ Telephone#: _________________________________________________

8. References: Provide the names and contact information of three references. Information obtained from references will be used to determine if you have been diligent in the following areas: a) Quality of Work; b) Timely Performance; c) Effectiveness of Management; d) Compliance with Safety Standards; and e) Compliance with Labor Standards.

9. Does your company have any ongoing projects that may cause a problem with completing or beginning performance of the subject project?

END OF FORM

Section 00 45 00 - Representations and Certifications

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

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.

(i…