W912P721B0007 Suisun Solicitation.pdf

INVITATION FOR BIDS (IFB)

SUISUN BAY CHANNEL

MAINTENANCE DREDGING PROJECT

CONTRA COSTA COUNTY,

CALIFORNIA

SOLICITATION NO. W912P721B0007

US ARMY CORPS OF ENGINEERS

San Francisco District

TABLE OF CONTENTS

COVER SHEET

TABLE OF CONTENTS

TITLESECTION

SOLICITATION

00 10 00

00 21 00

00 45 00

00 72 00

00 73 00

ATTACHMENTS

SOLICITATION, OFFER, AND AWARD (STANDARD FORM 1442)

(CONTINUATION STANDARD FROM 1442)

PRICING SCHEDULE

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/OFFERORS AND

EVALUATION CRITERIA FOR AWARD

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

BIDDERS/OFFERORS

CONDITIONS OF THE CONTRACT

CONTRACT CLAUSES

SPECIAL CONTRACT REQUIREMENTS

GENERAL WAGE DETERMINATION

PREAWARD SURVEY

TECHNICAL SPECIFICATIONS

NOTE:

00 70 00

01 00 00

35 00 00

General Requirements

Waterway and Marine Construction

DRAWINGS (SEPARATE PACKAGE)

SECTION 00 21 00 IS INCLUDED FOR SOLICITATION PURPOSES ONLY. THIS

SECTION WILL BE REMOVED, MAINTAINED IN THE CONTRACT FILE AND NOT

MADE PART OF THE CONTRACT.

SECTION 00 45 00, AS COMPLETED BY AWARDEE, IS INCORPORATED INTO ANY

RESULTANT CONTRACT BY REFERENCE.

AMENDMENTS ARE INCORPORATED INTO THE RESULTANT CONTRACT.

Invitation for bid (IFB) - Suisun Bay Channel Maintenance Dredging Project, Contra Costa County, California.

Project Description: The w ork includes annual maintenance dredging of the Suisun Bay and NY Slough Channel to -35-ft (MLLW) plus 1 ft of paid overdepth and Bulls Head Channel (Reach 2) to -37-ft (MLLW) plus 1 ft of paid overdepth and transporting of the dredged material to the Government-furnished site SF-16 or a contractor-furnished upland placement site.

This requirement is a Small Business set aside. It w ill be issued as an Invitation for Bid (IFB) w hich w ill result in the aw ard of a single Firm Fixed Price (FFP) Contract.

The North American Industry Classif ication System (NAICS) Code applicable to this acquisition is 237990.

Estimated Cost Range is betw een $1,000,000 and $5,000,000.

Bidder Questions - Questions relating to this solicitation and technical inquiries w ill be submitted via email to the assigned contract specialist.

Inquiries must be received no later than 14 calendar days prior to the date set for bid opening.

X

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

26-May-2021

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______1 calendar days and complete it w ithin ________76 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211

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 ______________28 Jun 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time 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 _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

USACE, SAN FRANCISCO DISTRICT

450 GOLDEN GATE

SAN FRANCISCO CA 94102

W912P7

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour) Sealed envelopes containing offers

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

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

FAX:TEL: (415) 503-6995 TEL: FAX:

W912P721B0007 3 OF 127

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

W912P721B0007

CONTINUATION OF STANDARD FORM 1442

BLOCK 20D:

(1) IF THE OFFEROR IS A JOINT VENTURE, EACH PARTICIPANT IN THE JOINT VENTURE MUST

COMPLETE THE FOLLOWING:

Company Name Signature Title

Company Name Signature Title

Company Name Signature Title

NOTE: If a corporation is participating as a member of a Joint Venture, the certificate below must also be completed and signed.

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, _______________________ (name), certify that I am the Secretary of the corporation named as a participant in a

Joint Venture on this offer; that ____________________ (name), who signed said offer on behalf of the corporation, was then ______________________(title) of said corporation; that the signature thereto is genuine;

that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(Name of Corporation)

(Secretary)

CONTINUATION OF STANDARD FORM 1442

(2) IF THE OFFEROR IS A PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS BELOW.

SIGNATURES BY ALL PARTNERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE OFFER

IN BLOCK 20B HAS THE AUTHORITY TO BIND THE PARTNERSHIP.

Name Signature

Name Signature

Name Signature

(3) IF THE OFFEROR IS A CORPORATION, THE OFFER SHALL BE SIGNED IN THE CORPORATE NAME

FOLLOWED BY THE WORD "BY" AND THE SIGNATURE OF THE PERSON AUTHORIZED TO SIGN THE

OFFER IN BLOCK 20B. PROVIDE PROOF THAT THE PERSON SIGNING FOR THE CORPORATION HAS

THE AUTHORITY TO BIND THE CORPORATION BY COMPLETING THE FOLLOWING CERTIFICATE:

CORPORATION AUTHORIZATION CERTIFICATE

I, ___________________________________(name), certify that I am the Secretary of the corporation named as offeror in the within offer; that ______________________(name), who signed said offer on behalf of the corporation, was then _____________________________________(title) of said corporation, that the signature thereto is genuine; that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

(Name of Corporation)

(Secretary)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER SHALL BE

SIGNED BY THAT INDIVIDUAL IN BLOCK 20B FOLLOWED BY THE WORDS "AN INDIVIDUAL DOING

BUSINESS AS _____________________________________ (INSERT NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT'S AUTHORITY TO BIND

THE PRINCIPAL.

W912P7-21-B-0007

Contract Line Item No.(CLIN)

Description of Supplies and Services

*Estimated Quantity

Unit Unit Price

Amount

0001 Mobilization and Demobilization 1 Job

0002 Dredging Reach 2 to -37-ft MLLW including 1 foot of paid Over-depth 24,000 CY $ $

0003 Dredging Reach 3A, 3B and 3C to -35-ft MLLW including 1 foot of paid Over-depth 49,000 CY $ $

0004 Dredging Reach 3D to -35-ft MLLW including 1 foot of paid Over-depth 44,000 CY $ $

0005 Dredging Reach 3E, 4A and 4B to -35-ft MLLW including 1 foot of paid Over-depth 24,000 CY $ $

Total (Item 0001 through 0005) 141,000 CY $

Notes:

1 .

2 .

3 .

SECTION 00 10 00

PRICING SCHEDULE

SUISUN BAY & NY SLOUGH CHANNEL FY21 MAINTENANCE DREDGING PROJECT

* - ALL QUANTITIES ARE ESTIMATES. SEE FAR 52.211-18, SECTION 00 72 00 (GENERAL

CONDITION) OF THE CONTRACT.

To be considered responsive, prices must be submitted on all individual items within Pricing Schedule. Failure to do so may be cause for rejection of bids.

Bidders must complete and submit attached “Dredging Plant and Equipment Schedule”, forms Page 1 and Page 2 as part of their solicitation package for bid evaluation. Failure to do so may cause the bid to be considered nonresponsive. The Contractor shall demonstrate that all necessary equipment will be available and committed to this contract.

The term "Job", which appears on the Pricing Schedule (Section 00 10 00) under “Unit” for Bid Item No. 0001 shall be considered as a Lump Sum. The Variation in Estimated Quantities contract clause, FAR 52.211-18, shall not apply to Bid Item No. 0001.

SECTION 00 10 00 Page 1 of 2

W912P7-21-B-0007

4 .

5 .

6 .

7 .

End of Document

Dredge material placement shall meet the requirements in specification section

01 11 00 SUMMARY OF WORK.

The Contractor shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract to include all attachments thereto.

BASIS of AWARD: The contract will be awarded in accordance with FAR 52.214-19 Contract Award – Sealed Bidding – Construction.

The Government reserves the right to direct the Contractor to place dredged material at an environmentally acceptable alternate disposal site in accordance with the Change Clause FAR 52.243-4.

SECTION 00 10 00 Page 2 of 2

Section 00 21 00 – Instructions, Conditions and Notices to Bidders/Offerors and Evaluation Criteria for Award

1.1 GENERAL

The scope of this Invitation for Bid (IFB) is for a Suisun Bay Channel Dredging Project, Contra Costa County, California. The work includes annual maintenance dredging of the Suisun Bay and NY Slough Channel to -35-ft (MLLW) plus 1 ft of paid overdepth and Bulls Head Channel (Reach 2) to -37-ft (MLLW) plus 1 ft of paid overdepth and transporting of the dredged material to the Government-furnished site SF-16 or a contractor-furnished upland placement site. All dredging material transportation and material placement shall be in accordance with the project plans, specifications, permits, regulatory guidance and applicable contract clauses. This requirement is a small business set-aside and will be awarded with a single Firm-Fixed Price (FFP) contract.

The work to be performed by the contractor and all subcontractors and suppliers qualifies for an exemption from the requirements of California Executive Order N-33-20, dated March 19, 2020, requiring individuals to stay at home to reduce the transmission of COVID-19. The work is exempt because it is needed to maintain continuity of operations of the Governments [waterways or facilities] critical infrastructure sector. The work of suppliers for the contract may also be needed to maintain continuity of operations of the Defense Industrial Base critical infrastructure sector. A description of these sectors can be found at https://www.cisa.gov/critical-infrastructure-sectors. The work is also exempt from the various California County shelter-in-place orders because it is necessary to the operations and maintenance of Essential Infrastructure, which under those orders includes public works construction.

1.2 BID EXPENSES AND PRE-CONTRACT COSTS

This Invitation for Bid (IFB) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a bid.

1.3 ACCURACY IN BIDS

Bids must set forth full, accurate, and complete information as required by this IFB (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.4 BIDDER QUESTIONS

Questions relating to this solicitation and technical inquiries will be submitted via email to the assigned contract specialist, Mary Fronck, via email at Mary.Fronck@usace.army.mil

Please include the solicitation number, the project title, the location of the project together with the company name, email address, and telephone number in your correspondence. Inquiries must be received no later than 14 calendar days prior to the date set for bid opening.

Answers to pertinent questions will be posted on the Federal Business Opportunities website (beta.sam.gov);

however, changes to the solicitation will be made by amendment only. Solicitation Amendments will be posted to Beta.Sam separately.

1.5 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to https://beta.SAM.gov.

All amendments will be posted to the beta.SAM.gov website. It shall be the contractor's responsibility to check the websites for any amendments. The Bidder shall submit in the bid all requested information specified in this section of the Invitation for Bid (IFB) solicitation.

Section 00 21 00 Page 1 of 6 mailto:elizabeth.m.sutey@usace.army.mil https://beta.sam.gov/

Section 00 21 00 Page 2 of 6

1.6 BID FORMAT AND SUBMITTAL REQUIREMENTS

BID FORMAT

Offerors shall submit the Pricing Schedule from Section 00 10 00. Bid prices must be entered for all items of the Pricing Schedule. Award will be made to one (1) contractor.

SUBMITTAL REQUIREMENTS

The subsequent information will be submitted to the San Francisco District US Army Corps of Engineers and labeled Solicitation No. W912P721B007.

A Bid Package shall consist of the following items:

(a) COVER LETTER:

1) Solicitation number and Project Title: Suisun Bay Channel Dredging Project, Contra Costa County, California

2) Bidder name, DUNS number, tax identification number (TIN), address, email, telephone, and fax numbers.

3) Names, title, and email of authorized signer.

4) Name, title, and signature of the person authorized to sign the bid.

5) A statement specifying agreement with all terms, conditions, and provisions included in the IFB.

(b) SCHEDULE:

1) The SF-1442 duly executed with an original signature by authorized official.

2) Include the Offeror's DUNS number in block 14.

3) Acknowledgement of all amendments.

4) Pricing Schedule (Section 00 10 00).

5) Bid Bond (SF-24), See FAR Clause 52.228-1 DEV, SECTION 00 72 00.

(c) REPRESENTATIONS AND CERTIFICATIONS:

1) The completed SECTION 00 45 00 of the IFB (Representations and Certifications)

2) Printed System for Award Management (SAM) Record (www.sam.gov)

(d) SUBMISSIONS FOR DETERMINATION OF CONTRACTOR RESPONSIBILITY (FAR 9.104-1 and FAR 9.104-2):

Bidders shall submit the following:

1) A bank certification of financial capability or a financial statement not more than 60 days old. If more than 60 days old, a certificate stating that the financial condition is substantially the same or outlining the changes that have taken place.

2) Names of commercial and financial reporting agencies from which credit reports may be obtained.

Note: Information accumulated for purposes of determining the responsibility of a prospective contractor shall not be released or disclosed outside the Government, FAR 9.105-3. No award shall be made unless the contracting officer makes an affirmative determination of responsibility. To be determined responsible, the Bidder must meet the general standards of responsibility, FAR 9.104–1. A prospective contractor that is or recently has been seriously deficient in contract performance will be deemed non-responsible, unless the contracting officer determines that the circumstances were properly beyond the contractor's control or that the contractor has taken appropriate corrective action.

1.7 SPECIAL INSTRUCTIONS FOR SUBMITTING YOUR BID:

Due to the coronavirus pandemic, and in the interests of public health and safety, all bidders are required to submit their bids electronically via the DoD Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/). No hand-delivered bids will be accepted.

To submit a bid, each bidder must contact Mary Fronck to obtain a unique DoD SAFE request code. Mary Fronck can be reached at Mary.Fronck@usace.army.mil or (415)503-6554. Once a bidder has a unique request code, they may upload their bid submission to DoD SAFE. All bids can be submitted up to 6 days in advance of the bid due date/time. Early and late submissions outside of this window will not be accepted.

The public bid opening will be held via WebEx at 1:30 pm PST on June 28, 2021, which will allow participants to hear a live reading of the bids. The bid opening will be hosted at https://usace1.webex.com/meet/mary.fronck, and by phone at: +1-844-800-2712 US Toll Free or +1-669-234-1177 US Toll Access code: 199 129 1961

The Government will review the bids received electronically and post the abstracts of bids on Beta.SAM.gov as soon as practicable after bid closing.

It is the responsibility of all bidders to ensure their bid submissions are complete, inclusive of the price schedule, acknowledge of amendments, bid guarantee, and all additional information requested through this advertisement.

In order to facilitate electronic submission of bonds, the Government may contact the surety that issues the offeror's submitted bid guarantee in order to validate the bond, as permitted by FAR 28.101-3(e).

1.8 OTHER BID DELIVERY METHODS

Telegraphic, Facsimile, emailed, HAND DELIVERED, MAILED, or comparable delivery methods of the Bid Package are not acceptable.

Bids may only be modified or withdrawn by electronic means through a signed letter request uploaded to DoD SAFE using the same request code as the original bid. A notice to modify or withdraw a bid sent via DoD SAFE must be received in DoD SAFE no later than the exact date and time set for Bid Opening.

1.9 PERFORMANCE AND PAYMENT BONDS

The offeror will, furnish performance and payment bonds within the time established in the contract in accordance with FAR 52.228-15 DEV located in Section 00 72 00. The offeror will provide the bonds to the Government electronically via the DoD SAFE. The offeror will also mail original, hard copies of bid bonds and performance bonds to the U.S. Army Corps of Engineers, San Francisco District, Contracting Division, 450 Golden Gate Avenue, Fourth Floor, San Francisco, CA 94102.

2.0 INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS

Section 00 21 00 Page 3 of 6 https://safe.apps.mil/ mailto:elizabeth.m.sutey@usace.army.mil https://usace1.webex.com/meet/elizabeth.m.sutey

Section 00 21 00 Page 4 of 6

An offeror utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 28 (Affidavit of Individual Surety), accompanied by a pledge of acceptable assets from each person acting as an individual surety, and include these with the SF 24 (Bid Bond), and the proposal itself (see clause titled "Pledges of Assets," FAR 52.228-11).

Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on real estate.

Failure to provide required documentation described herein may cause the offeror to be deemed "unacceptable".

2.1 BID GUARANTEE FORM AND AMOUNT

The offeror shall furnish a separate bid guarantee in accordance with the solicitation provision titled "Bid Guarantee", FAR 52.228-1. In accordance with FAR 28.101-2 (b) the bid guarantee amount shall be at least 20 percent of the “proposed price" but shall not exceed $3 million. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated.

In accordance with FAR 28.106-1 states that a Standard Form (SF) 24 shall be used for the bid bond.

In accordance with FAR 28.202(a) (1), corporate sureties utilized must appear on the list contained in the Department of Treasury Circular 570 titled, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies."

Contractor shall provide written confirmation that the Contracting Specialist may contact the bonding company to confirm the bond agreement’s legitimacy.

2.2 ACCEPTANCE OF OFFERS

A written award or acceptance of an offer mailed or otherwise furnished to the offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

At a minimum, any contract awarded as a result of this solicitation shall consist of the following documents:

Standard Form 1442, Sections 00 10 00, 00 70 00, 00 72 00, 00 73 00, technical specifications and drawings, and attachments listed in contract document.

2.3 CONTRACTOR RESPONSIBILITY, PRE-AWARD SURVEY

To determine a contractor's responsibility for purposes of contract award in accordance with FAR Part 9, the contractor is required to provide a statement regarding previous experience and past performance in performing comparable work, information related to the business organization, financial resources, and/or plant to be used in performing the work (see Attachment 2, Pre-award Survey).

The Government will request this information from the eligible contractor after receipt of offer if they have not had a contract with the San Francisco District within the last twelve months and the Government will set a due date for its submission.

1. The Pre-award Survey is attached to the solicitation for information purposes only and is not required as part of the Proposal package.

(a) If required to determine that a prospective contractor is responsible, the offeror must:

Demonstrate that they have adequate financial resources to perform the contract or the ability to obtain them.

Section 00 21 00 Page 5 of 6

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

Have a satisfactory performance record. In making the determination of responsibility, the Government Contracting Officer shall consider relevant past performance information. A prospective contractor shall not be determined as responsible or not responsible solely based on a lack of relevant performance history except when there are special standards set forth in the solicitation, which applies, to all offerors that must be met in order to receive the award.

These special standards may be necessary when unusual expertise or specialized facilities are necessary in the performance of the contract; therefore, in order to be determined as responsible for a particular contract, the offeror must be able to meet those special standards. A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonresponsive unless the Contracting Officer determines that the circumstances were beyond the contractor's control or that the contractor has taken appropriate corrective action. Other responsibility considerations by the Contracting Officer will include past efforts by the contractor to apply sufficient tenacity and perseverance to perform acceptably, to meet quality requirements of contracts, and the contractor's past compliance with subcontracting plans (if required) under recent contracts.

Have a satisfactory record of integrity and business ethics.

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

Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

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

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.233-2 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, San Francisco District Attn: Contracting Officer – Mary Fronck 450 Golden Gate Avenue, 4th Floor, Room 1471 San Francisco, CA 94102-3406

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

Section 00 21 00 Page 6 of 6

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

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

Name: Tawny Tran Address: Thanh.T.Tran@usace.army.mil Telephone: (415) 503-6741

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(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 Department of Defense Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision) mailto:Thanh.T.Tran@usace.army.mil https://www.acquisition.gov/ https://www.acquisition.gov/

Section 00 45 00 Page 1 of 6

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.204-24 Representation Regarding Certain Telecommunications and Video AUG 2020

Surveillance Services or Equipment.

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding Responsibility OCT 2018

Matters

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

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(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

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(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in

13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--

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(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

(End of clause)

Section 00 45 00 Page 6 of 6

52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS--

REPRESENTATION (DEC 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked ``does'' in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

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Section 00 70 00 - Conditions of the Contract

CLAUSES INCORPORATED BY REFERENCE

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,…