A22_Solicitation_W912P8-15-B-0039.pdf

ED 14-026

W912P8-15-B-0039

US Army Corps Of Engineers New Orleans District

New Orleans to Venice, Hurricane Protection Project

NOV-NF-W-06a3 West Pointe a La Hache To St. Jude Levee

Plaquemines Parish, Louisiana

Construction Solicitation and Specifications

April 2016

DEPARTMENT OF THE ARMY

NEW ORLEANS DISTRICT, CORPS OF ENGINEERS

P.O. BOX 60267

NEW ORLEANS, LOUISIANA 70160-0267

ED 14-026

REPLY TO

ATTENTION OF

April 2016

SOLICITATION: W912P8-15-B-0039

FOR: New Orleans to Venice, Hurricane Protection Project, NOV-NF-W- 06a3, West Pointe a La Hache to St. Jude Levee, Plaquemines Parish, Louisiana (ED 14-026)

TO OPEN:

I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL OPPORTUNITY

CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION.

Bidders, offerors and applicants are cautioned to note the "Certification of Non-segregated Facilities" in the solicitation. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.

III. Prospective contractors must register in the System for Award Management (SAM). See FAR Clause 52.204-7 for required information. The website for SAM is https://www.sam.gov. You will be required to provide your company’s Dun and Bradstreet (D&B) D-U-N-S number. If you do not already have a D&B D-U-N-S number, one can be requested at http://fedgov.dnb.com/webform.

BIDDERS MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY THIS

SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS IN BIDS

IS PRESCRIBED IN 18 U.S.C. 1001. (FAR 52.214-4 APR 1984)

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of clearing, grubbing, excavation for new drainage ditch, new culvert placement, new levee/ ramp crossing embankment placement in phases, geotextile and surfacing, turf establishment and all other related incidental work.

CAUTION TO BIDDERS: In delivery of hand-carried bids, bidders are cautioned to allow sufficient time for delays which may be encountered as a result of frequent trains which are subject to block all access roads to place of bid opening for various lengths of time. Such delays DO NOT permit acceptance or consideration of late bids.

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH

THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL", DATED NOVEMBER 2014.

https://www.sam.gov/

W42HEM51008026

HUBZONE Set Aside Proposal for New Orleans to Venice, LA, NOV-06a3, West Pointe A La Hache to St. Jude Levee Plaquemines Parish, Louisiana

The w ork consists of clearing and grubbing, excavation for new drainage ditch, new levee/ ramp crossing embankment placement, geotextile and surfacing, turf establishment and all other related incidental w ork.

The estimated value of the proposed w ork is betw een $18,000,000.00 and $22,000,000.00.

X

KELLY A TURCOTTE 601-631-5379

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

02-Apr-2016

(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 _______7 calendar days and complete it w ithin ________500 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section 00700

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 __________ copies to perform the w ork required are due at the place specified 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 _______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

VICKSBURG DISTRICT CONTRACTING OFFICE

4155 CLAY ST.

VICKSBURG MS 39183-3435

W912EE

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: TEL: FAX:

W912P8-15-B-0039 46

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

PTC-i ED 14-026

PROJECT TABLE OF CONTENTS

Division 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00010 Solicitation, Offer and Award (SF-1442) Bidding Schedule

00100 Instructions to Bidders 00130 Proposal Evaluation Criteria 00600 Representations and Certifications 00700 Contract Clauses

Division 01 - GENERAL REQUIREMENTS

01100 General Provisions 01 32 17.00 20 Network Analysis Schedules (NAS) 01 33 00 Submittal Procedures 01 42 00 Sources for Reference Publications 01 45 02.00 10 Quality Control System (QCS) 01 45 04.00 10 Contractor Quality Control 01 55 26.00 12 Traffic Control and Coordination 01 57 20.00 12 Environmental Protection 01 57 23.00 12 Storm Water Pollution Prevention Measures 01 57 23.01 12 Truck Wash-Down Racks 01 78 02.00 10 Closeout Submittals

Division 31 – EARTHWORK

31 05 19.04 12 Separator Geotextile 31 11 00.00 12 Clearing and Grubbing 31 23 00.00 12 Excavation 31 24 00.00 12 Embankment

Division 32 – EXTERIOR IMPROVEMENTS

32 12 16.00 12 Asphaltic Pavement 32 15 00.00 12 Surfacing (Granular) 32 92 19.04 12 Turf Establishment and Maintenance

Division 33 – UTILITIES

33 40 01.00 12 Corrugated Metal Arch Pipe

00010-3 ED 14-026

SECTION 00010 - BIDDING SCHEDULE

New Orleans to Venice Hurricane Protection Project, NOV-NF-W- 06a3 West Pointe a la Hache to St. Jude Levee

Plaquemines Parish, Louisiana

Item Description Estimated Quantity Unit Unit Price Estimated Amount

BASE WORK

0001 Mobilization and Demobilization 1 JOB

0002 Truck Wash-Down Racks 1 JOB

0003 Traffic Control and Coordination 1 JOB

0004 Clearing and Grubbing (Phase I) 1 JOB

0005 Embankment, Compacted Fill (Phase I) 400,000 CY

0006 Surfacing

0006AA First 500 CY 500 CY

0006AB All Over 500 CY 200 CY

0007 Excavation - New Drainage Ditch 64,200 CY

0008 Silt Fence

0008AA First 10,500 LF 10,500 LF

0008AB All Over 10,500 LF 2,500 LF

0009 Seeding and Mulching (Phase I) 50 AC

0010++ Lime Soil Amendment (Phase I) 50 TON

0011++ Sulfur Soil Amendment (Phase I) 25 TON

0012 Fertilizer (Phase I)

0012AA First 15,000 LBS 15,000 LBS

0012AB All Over 15,000 LBS 7,500 LBS

0013 Separator Geotextile 2,200 SY

0014 Corrugated Metal Arch Pipes 1 JOB

00010-4 ED 14-026

0015 Asphaltic Pavement 1 JOB

0016 Pipeline Bridges 1 JOB

TOTAL BASE WORK: $

OPTIONAL WORK (OW)

0017 Clearing (Phase II) - OW 1 JOB

0018 Embankment, Compacted Fill (Phase II) - OW

0018AA First 25,000 CY 25,000 CY

0018AB All Over 25,000 CY 10,000 CY

0019 Seeding and Mulching (Phase II) - OW 25 AC

0020++ Lime Soil Amendment (Phase II) - OW 25 TON

0021++ Sulfur Soil Amendment (Phase II) - OW 13 TON

0022 Fertilizer (Phase II) - OW

0022AA First 7,500 LBS 7,500 LBS

0022AB All Over 7,500 LBS 3,800 LBS

TOTAL OPTIONAL WORK $

TOTAL BASE WORK+OPTIONAL WORK $

++Items not subject to the requirements of FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY.

**The unit "JOB" as used in this Bidding Schedule is synonymous with the term "Lump Sum" used elsewhere within these plans and specifications.

Award will be made as a whole to one bidder.

NOTE 1: Bidders shall furnish unit prices for each item listed in the Schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF A BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

TOTAL OR ESTIMATED AMOUNT FOR ANY ITEM, ITS BID SHALL BE DECLARED NON-

RESPONSIVE AND THEREFORE INELIGIBLE FOR AWARD.

NOTE 2: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or sub line items are materially unbalanced (See FAR 14.404-2).

00010-5 ED 14-026

NOTE 3: THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within seven (7) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Program, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.

NOTE 4: OPTIONAL WORK ITEMS. The Government may require the delivery of the numbered line item(s), identified in the schedule as OPTIONAL WORK Items, in the quantities and prices stated in the schedule. The Contracting Officer may exercise the OPTION WORK Items by written notice to the Contractor. If implemented, the Government will exercise the optional work no later than 400 calendar days after issuance of the Notice to Proceed. Bidders shall bid on all items including optional items (see “Evaluation of Options” FAR 52.217-5). Failure to bid on all items will result in a non-responsive bid. If implemented by the Contracting Officer’s Representative, all required work for Phase II (Optional) construction shall be performed by the Contractor as described herein and as shown on the drawings, at any time during the contract period.

NOTE 5: EVALUATION OF OPTIONS (FAR 52.217-5 JUL 1990). Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for this basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). ** If an option is to be exercised at the time of contract award FAR17.208 shall be used in place of FAR 52.217-5

NOTE 6: TIME ADJUSTMENT IN THE EVENT OF THE EXERCISE OF OPTIONAL WORK. In the event that OPTION WORK items are exercised under the terms of the contract, the time required for completion of the contract shall be 540 calendar days in addition to the original contract duration of 500 calendar days established for the BASE WORK items specified in the Contract Clause entitled

“COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52-211-10 – APR 1984)”.

The time adjustment given as a result of exercising the option includes the one (1) year wait period between the completion of the base work and commencement of the option work.

NOTE 7: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices;

http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx

00010-6 ED 14-026

EVALUATION OF SUBDIVIDED ITEMS.

Item Nos. 0006, 0008, 0012, 0018, and 0022 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 sub-items.

(End of Clause)

VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS.

The Variations in Estimated Quantities Subdivided Items clause is applicable only in Item Nos. 0006, 0008, 0012, 0018, and 0022.

a. Variations from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.

b. Where the actual quantity of work performed for Item Nos. 0006, 0008, 0012, 0018, and 0022 is less than 85% of the quantity of the first sub-item listed under such items, the Contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment in contract price shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity.

c. If the quantity of work performed under Item Nos. 0006, 0008, 0012, 0018, and 0022 exceeds 115% or is less than 85% of the total estimated quantity of the sub-items under that item, and/or if the quantity of work performed under the second sub-item or any subsequent sub-item under Item No. NONE exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract, the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity.

(End of Clause)

NOTES

(A) THIS PROCUREMENT IS A TOTAL HUB ZONE SET ASIDE

(B) LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFEROR

INELIGIBLE FOR AWARD. SEE CONTRACT CLAUSE 52.204-7 ENTITLED, "SYSTEM FOR

AWARD MANAGEMENT".

(C) THE SF1442, BIDDING SCHEDULE, AND SECTION 00600 (REPRESENTATIONS AND

CERTIFICATIONS) MUST BE ACCURATELY COMPLETED AND RETURNED WITH YOUR BID

OR IT MAY BE REJECTED AS NONRESPONSIVE.

(D) THE OFFEROR SHALL FURNISH UNIT PRICES FOR ALL ITEMS LISTED ON THE

SCHEDULE OF BID ITEMS WHICH REQUIRE UNIT PRICES. IF THE OFFEROR FAILS TO

INSERT A UNIT PRICE IN THE APPROPRIATE BLANK FOR REQUIRED ITEMS, BUT DOES

FURNISH AN EXTENDED TOTAL OR AN ESTIMATED AMOUNT FOR SUCH ITEMS, THE

GOVERNMENT WILL DEEM HIS UNIT PRICE TO BE THE QUOTIENT OBTAINED BY

DIVIDING THE EXTENDED ESTIMATED AMOUNT FOR THAT LINE ITEM BY THE

QUANTITY. IF THE OFFEROR OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY ITEM, HIS PROPOSAL WILL BE DECLARED

NONRESPONSIVE.

(E) ANY BID MAY BE REJECTED IF THE CONTRACTING OFFICER DETERMINES IN WRITING

THAT IT IS UNREASONABLE AS TO PRICE. UNREASONABLENESS OF PRICE INCLUDES

NOT ONLY TOTAL PRICE OF BID, BUT THE PRICE FOR INDIVIDUAL LINE ITEMS AS WELL.

ANY BID MAY BE REJECTED IF THE PRICES FOR ANY LINE ITEMS OR SUB LINE ITEMS

ARE MATERIALLY UNBALANCED (SEE FAR 14.404-2).

(F) THE NOTICE TO PROCEED (NTP): THE SUCCESSFUL BIDDER IS ADVISED THAT

PERFORMANCE AND PAYMENT BONDS SHALL BE SUBMITTED IN ACCORDANCE WITH

THE TIME FRAME IN BLOCK 12B OF SF 1442. THE NTP WILL BE ISSUED IMMEDIATELY

AFTER VERIFICATION OF ACCEPTABLE PERFORMANCE AND PAYMENT BONDS. WITHIN

TEN (10) DAYS AFTER ISSUANCE OF THE NTP, THE CONTRACTOR SHALL INITIATE A

MEETING TO DISCUSS THE SUBMITTAL PROCESS WITH THE AREA OR RESIDENT

ENGINEER OR HIS AUTHORIZED REPRESENTATIVE. PHYSICAL WORK CANNOT START

UNTIL THE ACCIDENT PREVENTION PROGRAM, CONTRACTOR QUALITY CONTROL PLAN,

AND OTHER SUBMITTALS WHICH MAY BE REQUIRED, HAVE BEEN SUBMITTED AND

APPROVED AND ALL PRELIMINARY MEETINGS CALLED FOR UNDER THE CONTRACT,

HAVE BEEN CONDUCTED.

(G)

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:

FEDERAL VETERAN EMPLOYMENT INFORMATION AT

HTTP://WWW.FEDSHIREVETS.GOV/INDEX.ASPX

DEPARTMENT OF LABOR VETERANS EMPLOYMENT ASSISTANCE

HTTP://WWW.DOL.GOV/VETS/

DEPARTMENT OF VETERANS AFFAIRS–VOW TO HIRE HEROS ACT

HTTP://BENEFITS.VA.GOV/VOW/

ARMY WOUNDED WARRIOR PROGRAM –

HTTP://WTC.ARMY.MIL/MODULES/EMPLOYERS/INDEX.HTML

U.S. CHAMBER OF COMMERCE FOUNDATION–HIRING OUR HEROS

HTTP://WWW.HIRINGOURHEROES.ORG/

GUIDE TO HIRING VETERANS – REFERENCE MATERIAL

HTTP://WWW.WHITEHOUSE.GOV/SITES/DEFAULT/FILES/DOCS/WHITE_HOUSE_BUSINESS_

COUNCIL_-

_GUIDE_TO_HIRING_VETERANS_0.PDF

Section 00100 - Bidding Schedule/Instructions to Bidders

GENERAL NOTICES

1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA

AUTHORITY: RIVER AND HARBOR ACT 1968; WATER RESOURCES

DEVELOPMENT ACT 1976; SUPPLEMENTAL APPROPRIATIONS ACT OF 1984;

WATER RESOURCES DEVELOPMENT ACT 1986, 1988, 1990, 1992, 1996;

AND ENERGY AND WATER DEVELOPMENT ACT 1994.

APPROPRIATION: CONSOLIDATED APPROPRIATIONS ACT, 2015

FUNDING CITATION: 96X3125

2. PERFORMANCE AND PAYMENT BONDS.

PERFORMANCE AND PAYMENT BONDS WILL BE REQUIRED AFTER AWARD.

SEE SECTION 00700, CONTRACT CLAUSES 52.228-15, PERFORMANCE AND

PAYMENT BONDS -- CONSTRUCTION

3. AMENDMENTS PRIOR TO DATE SET FOR CLOSING.

THE RIGHT IS RESERVED, AS THE INTEREST OF THE GOVERNMENT MAY

REQUIRE, TO REVISE OR AMEND THE SPECIFICATIONS AND/OR DRAWINGS

PRIOR TO THE DATE SET FOR CLOSING. SUCH REVISIONS OR AMENDMENTS,

IF ANY, WILL BE ANNOUNCED BY AMENDMENT OR AMENDMENTS TO THIS

RFP. COPIES OF SUCH AMENDMENTS AS MAY BE ISSUED WILL BE

FURNISHED TO ALL PROSPECTIVE CONTRACTORS. IF THE REVISIONS OR

AMENDMENTS ARE OF A NATURE WHICH REQUIRE MATERIAL CHANGES IN

QUANTITIES OR PRICES OR BOTH, THE DATE SET FOR CLOSING MAY BE

POSTPONED BY SUCH NUMBER OF DAYS AS IN THE OPINION OF THE

DISTRICT ENGINEER WILL ENABLE BIDDERS TO REVISE THEIR GOVERNMENT

ESTIMATE. IN SUCH CASE, THE AMENDMENTS WILL INCLUDE AN

ANNOUNCEMENT OF THE NEW DATE FOR CLOSING.

4. BUSINESS INTEGRITY.

THE SUCCESSFUL OFFEROR AS A CONDITION FOR AWARD OF ANY

CONTRACT RESULTING FROM THIS SOLICITATION MAY BE REQUIRED TO

EXECUTE A CERTIFICATE RELATED TO BUSINESS INTEGRITY.

5. CONDITIONS AFFECTING THE WORK.

OFFERORS SHOULD VISIT THE SITE AND TAKE SUCH OTHER STEPS AS MAY

BE REASONABLY NECESSARY TO ASCERTAIN THE NATURE AND LOCATION OF

THE WORK, AND THE GENERAL AND LOCAL CONDITIONS WHICH CAN AFFECT

THE WORK OR THE COST THEREOF. FAILURE TO DO SO WILL NOT RELIEVE

OFFERORS FROM RESPONSIBILITY FOR ESTIMATING PROPERLY THE

DIFFICULTY OR COST OF SUCCESSFULLY PERFORMING THE WORK. THE

GOVERNMENT WILL ASSUME NO RESPONSIBILITY FOR ANY UNDERSTANDING OR

REPRESENTATIONS CONCERNING CONDITIONS MADE BY ANY OF ITS OFFICERS

OR AGENTS PRIOR TO THE EXECUTION OF THE CONTRACT, UNLESS

INCLUDED IN THE RFP, THE SPECIFICATIONS, OR RELATED DOCUMENTS.

6. OFFEROR'S QUALIFICATIONS/PREAWARD SURVEY.

BEFORE A PROPOSAL IS CONSIDERED FOR AWARD, THE OFFEROR MAY BE

REQUESTED BY THE GOVERNMENT TO SUBMIT A STATEMENT REGARDING HIS

PREVIOUS EXPERIENCE IN PERFORMING COMPARABLE WORK, HIS

BUSINESS AND TECHNICAL ORGANIZATION, FINANCIAL RESOURCES, AND

THE PLANT AVAILABLE TO BE USED IN PERFORMING THE WORK.

7. SITE OF THE WORK.

OFFEROR’S ARE ADVISED THAT FOR PURPOSE OF APPLICABILITY OF THE

DAVIS-BACON ACT AND OTHER CONTRACT LABOR STANDARD PROVISIONS,

"THE SITE OF THE WORK" UNDER THE CONTRACT TO BE AWARDED PURSUANT

TO THIS INVITATION MAY NOT BE LIMITED TO THE PHYSICAL PLACE(S)

WHERE THE CONSTRUCTION CALLED FOR IN THE CONTRACT WILL REMAIN

WHEN WORK ON IT HAS BEEN COMPLETED.THE "SITE OF THE WORK" MAY

INCLUDE OTHER ADJACENT OR NEARBY PROPERTY USED BY THE CONTRACTOR

OR SUBCONTRACTORS DURING SUCH CONSTRUCTION. FOR EXAMPLE,

FABRICATION PLANTS, MOBILE FACTORIES, BATCH PLANTS, BORROW PITS,

JOB HEADQUARTERS, TOOL YARDS, ETC., WILL BE CONSIDERED PART OF

THE SITE OF THE WORK PROVIDED THEY ARE DEDICATED EXCLUSIVELY OR

NEARLY SO TO PERFORMANCE ON THE CONTRACT AND ARE SO LOCATED IN

PROXIMITY TO THE ACTUAL CONSTRUCTION LOCATION THAT IT WOULD BE

REASONABLE TO INCLUDE THEM.

8. INFORMATION REGARDING BIDDING MATERIAL, AND BONDS.

A. SPECIFICATIONS, INVITATION NO. W912E-15-B-0039, BIDDING

SCHEDULE, PRE-AWARD INFORMATION/DESCRIPTION OF WORK/PROPOSAL

EVALUATION, EQUIPMENT SCHEDULE, CONSTRUCTION CONTRACT CLAUSES,

AND WAGE DETERMINATION DECISION NO. LA160007 03/04/2016 LA7 OF

THE SECRETARY OF LABOR, IS PART OF THIS INVITATION.

B.

(1) AN OFFEROR ELECTING TO USE INDIVIDUAL SURETIES FOR EITHER

BID GUARANTEES OR PERFORMANCE AND PAYMENT BONDS MUST SUBMIT,

CONCURRENTLY WITH THE BONDS AND REQUIRED AFFIDAVITS, A STATEMENT

OF BOTH THE BUSINESS AND PERSONAL NAMES OF THE PERSONS AND/OR

BROKERAGES FIRMS THROUGH WHOM THE BONDS OR THE GUARANTEES WERE

OBTAINED, TOGETHER WITH THE ADDRESS AND TELEPHONE NUMBER OF THE

PERSONS AND/OR BROKERAGE FIRMS.

(2) OFFERORS SHOULD NOTE THAT SOME INDIVIDUAL SURETIES AND

BROKERS OF INDIVIDUAL SURETIES HAVE BEEN DEBARRED OR

SUSPENDED FROM OFFERING THEMSELVES OR OTHERS AS SURETIES TO THE

GOVERNMENT. OFFERORS OR BIDDERS ARE RESPONSIBLE FOR ASCERTAINING

THE CURRENT STATUS OF THEIR SURETIES AND BROKERS.

(3) FAILURE TO PROVIDE THE REQUIRED INFORMATION OR THE

SUBMISSION OF BID GUARANTEES OBTAINED FROM DEBARRED OR SUSPENDED

SURETIES OR BROKERS MAY CAUSE REJECTION OF THE OFFER (BID).

9. DEFINITIONS

(A) THE TERM "HEAD OF THE AGENCY" OR "SECRETARY" AS USED

HEREIN MEANS THE SECRETARY OF THE ARMY; AND THE TERM "HIS DULY

AUTHORIZED REPRESENTATIVE" MEANS THE CHIEF OF ENGINEERS,

DEPARTMENT OF THE ARMY, OR AN INDIVIDUAL OR BOARD DESIGNATED BY

HIM.

(B) "CONTRACTING OFFICER" MEANS A PERSON WITH THE AUTHORITY

TO ENTER INTO, ADMINISTER, AND/OR TERMINATE CONTRACTS AND MAKE

RELATED DETERMINATIONS AND FINDINGS. THE TERM INCLUDES CERTAIN

AUTHORIZED REPRESENTATIVES OF THE CONTRACTING OFFICER ACTING

WITHIN THE LIMITS OF THEIR AUTHORITY AS DELEGATED BY THE

CONTRACTING OFFICER.

(C) THE AGENCY BOARD OF CONTRACT APPEALS HAVING JURISDICTION

OVER ALL APPEALS FROM FINAL DECISIONS OF THE CONTRACTING OFFICER

UNDER THE CONTRACT DISPUTES ACT OF L978 IS THE ARMED SERVICES

BOARD OF CONTRACT APPEALS, ADDRESSED AS FOLLOWS:

RECORDER, ARMED SERVICES BOARD OF CONTRACT APPEALS, SKYLINE 6, 7TH

FLOOR, 5109 LEESBURG PIKE, FALLS CHURCH, VIRGINIA

22041-3208.

(D) "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 AND SIZE STANDARDS IN 13 CFR 121.

(1) SIZE STANDARDS FOR CONSTRUCTION AND SPECIAL TRADES.

(A) CONSTRUCTION. A CONCERN IS SMALL IF ITS AVERAGE

ANNUAL RECEIPTS FOR ITS PRECEDING 3 FISCAL YEARS DID

NOT EXCEED $36.5 MILLION.

(B) DREDGING. A CONCERN IS SMALL IF (1) ITS

AVERAGE ANNUAL RECEIPTS FOR ITS PRECEDING 3

FISCAL YEARS DID NOT EXCEED $27.5 MILLION, AND

(2) AT LEAST 40 PERCENT OF THE YARDAGE IN THE

CONTRACT'S PLANS AND SPECIFICATIONS IS DREDGED

WITH EQUIPMENT OWNED BY THE CONCERN OR OBTAINED

FROM ANOTHER SMALL BUSINESS DREDGING CONCERN.

SPECIAL NOTICES

1) HUBZONE REQUEST FOR PROPOSAL NO. W912P8-15-B-0039

FOR: NEW ORLEANS TO VENICE,(NOV) WEST BANK HURRICANE PROTECTION

PROJECT,NOV-06B, CITY PRICE TO EMPIRE,UPGRADES TO FRONTING

PROTECTION AT TENNESSEE GAS, PIPELINE AND HAYES AND GAINARD

WOODS PUMP STATIONS, PLAQUEMINES PARISH, LOUISIANA

PROPOSAL DUE: 3 MAY 2016 1400 HOURS

CONTRACTOR MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION

AS REQUIRED BY THIS SOLICIATION AND ITS ATTACHEMENTS. THE

PENALTY FOR MAKING FALSE STATEMENTS IN BIDS IS PRESCRIBED IN 18

U.S.C. 1001. (FAR 52.214-4 APR 1984)

2) PROPOSALS SUBMITTED IN RESPONSE TO THIS REQUEST FOR

PROPOSAL SHOULD BE A BOUND OR STAPLED COST PROPOSAL. OFFEROR

SHOULD SUBMIT THE FOLLOWING INFORMATION IN THE PROPOSAL AND

FURNISH THE SAME INFORMATION FOR ALL PROSPECTIVE

SUBCONTRACTORS.

A. STANDARD FORM 1442 AND SECTION 00010, PAGE 7

B. SECTION 00600, REPRESENTATIONS AND CERTIFICATIONS

C. CATEGORIES DETAILED AS FOLLOWS:

1. DIRECT LABOR

2. OVERHEAD

3. DIRECT MATERIAL COSTS, INCLUDING PRICE LISTS

FOR ALL EQUIPMENT AND/OR MATERIALS TO BE

FURNISHED

4. GENERAL MATERIALS COSTS, INCLUDING PRICE LISTS

FOR ALL EQUIPMENT AND/OR MATERIALS TO BE

FURNISHED

5. TRAVEL RELATED EXPENSES

6. OTHER SIGNIFICANT COSTS

7. PROFIT OR FEE

8. TOTAL COSTS

3) NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE “EQUAL

OPPORTUNITY CLAUSE” AND THE “AFFIRMATIVE ACTION COMPLIANCE

REQUIREMENTS FOR CONSTRUCTION” WHICH MAY APPLY TO THE CONTRACT

RESULTING FROM THIS SOLICITATION.

4) NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE CONTRACT

CLAUSE ENTITLED, , WHICH WILL APPLY TO THE CONTRACT RESULTING

FROM THIS SOLICITATION.

5) MAIL PROPOSALS TO THE VICKSBURG DISTRICT HEADQUARTERS

BUILDING, CONTRACTING OFFICE, 4155 CLAY STREET, VICKSBURG,

MISSISSIPPI 39183-3435. ATTN: KELLY TURCOTE OR EMAIL

KELLY.A.TURCOTTE@USACE.ARMY.MIL.

6) HAND CARRIED PROPOSALS MUST BE DELIVERED TO THE

VICKSBURG DISTRICT HEADQUARTERS BUILDING, 4155 CLAY STREET,

VICKSBURG, MISSISSIPPI 39183-3435. ATTN: KELLY TURCOTTE.

7) PROPOSALS WILL NOT BE ACCEPTED NOR SHALL PROPOSALS BE

WITHDRAWN TELEGRAPHICALLY.

8) IN ACCORDANCE WITH THE PROVISIONS OF SUBPART 36.201

(EVALUATION OF CONTRACTOR PERFORMANCE) OF THE FEDERAL

ACQUISITION REGULATION (FAR), CONSTRUCTION CONTRACTOR’S

PERFORMANCE SHALL BE EVALUATED THROUGHOUT THE PERFORMANCE OF

THE CONTRACT. THE UNITED STATES ARMY CORPS OF ENGINEERS

(USACE) FOLLOWS THE PROCEDURES OUTLINED IN ENGINEERING

REGULATION 415-1-17 TO FULFILL THIS FAR REQUIREMENT. FOR

CONSTRUCTION CONTRACTS AWARDED AT OR ABOVE $100,000.00, THE

USACE WILL EVALUATE CONTRACTOR’S PERFORMANCE AND PREPARE A

PERFORMANCE REPORT USING THE CONSTRUCTION CONTRACTOR APPRAISAL

SUPPORT SYSTEM (CCASS), WHICH IS NOW A WEB-BASED SYSTEM. AFTER

EVALUATION (INTERIM OR FINAL), THE CONTRACTOR WILL HAVE THE

ABILITY TO ACCESS, REVIEW AND COMMENT ON THE EVALUATION FOR A

PERIOD OF 30 DAYS. ACCESSING AND USING CCASS REQUIRES SPECIFIC

SOFTWARE, CALLED PKI CERTIFICATION, WHICH IS INSTALLED ON THE

USER’S COMPUTER. THE CERTIFICATION IS A DEPARTMENT OF DEFENSE

REQUIREMENT AND WAS IMPLEMENTED TO PROVIDE SECURITY IN

ELECTRONIC TRANSACTIONS. THE CERTIFICATION SOFTWARE COULD COST

APPROXIMATELY $110 - $125 PER CERTIFICATE PER YEAR AND IS

PURCHASED FROM AN EXTERNAL CERTIFICATE AUTHORITIES (ECA) VENDOR.

CURRENT INFORMATION ABOUT THE PKI CERTIFICATION PROCESS AND FOR

CONTACTING VENDORS CAN BE FOUND ON THE WEB SITE:

HTTP://WWW.CPARS.NAVY.MIL/. IF THE CONTRACTOR WISHES TO

PARTICIPATE IN THE PERFORMANCE EVALUATION PROCESS, ACCESS TO

CCASS AND PKI CERTIFICATION IS THE SOLE RESPONSIBILITY OF THE

CONTRACTOR.

9) ELECTRONIC FUNDS TRANSFER (EFT)

10) PROPOSAL PACKAGE ATTACHMENTS

SECTION 00600, REPRESENTATIONS AND CERTIFICATIONS, ATTACHMENTS 1,

CORPORATE SEAL CERTIFICATES, 2, PAST PERFORMANCE DATA, 3,

DESCRIPTION OF CONTRACTOR’S PLANT, 4, SUBCONTRACTS, AND 5, AGENT

FOR SUBMITTING SMALL BUSINESS SUBCONTRACTING PLAN ARE TO BE

COMPLETED (AS APPLICABLE) AND INCLUDED IN THE PROPOSAL PACKAGE

SUBMITTED BY THE OFFEROR.

11) TECHNICAL INQUIRIES AND QUESTIONS

ALL TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS

SOLICITATION ARE TO BE SUBMITTED VIA BIDDER INQUIRY IN PROJNET

(HTTPS://WWW.PROJNET.ORG) NO LATER THAN 5 DAYS PRIOR TO DUE

DATE IN ORDER TO ENSURE ADEQUATE TIME IS ALLOTED TO FORM AN

APPROPRIATE RESPONSE AND AMEND THE SOLICITATION IF NECESSARY.

TO SUBMIT AND REVIEW INQUIRY ITEMS, PROSPECTIVE VENDORS WILL

NEED TO USE THE BIDDER INQUIRY KEY PRESENTED BELOW AND FOLLOW

THE INSTRUCTIONS LISTED BELOW THE KEY FOR ACCESS. A PROSPECTIVE

VENDOR WHO SUBMITS A COMMENT /QUESTION WILL RECEIVE AN

ACKNOWLEDGEMENT OF THEIR COMMENT/QUESTION VIA EMAIL, FOLLOWED

BY AN ANSWER TO THE COMMENT/QUESTION AFTER IT HAS BEEN PROCESSED

BY OUR TECHNICAL TEAM. ALL TIMELY QUESTIONS AND APPROVED ANSWERS

WILL BE MADE AVAILABLE THROUGH PROJNET. APPROVED ANSWERS TO ALL

TIMELY QUESTIONS WILL ALSO BE POSTED ON THE FEDBIZOPS IN THE

FORM OF A REPORT GENERATED FROM PROJNET AS SOON AS THE

COMMENT/QUESTION ENTERING PERIOD IS OVER AND ALL ANSWERS ARE ALL

FINALIZED.

THE SOLICITATION NUMBER IS: W912P8-15-B-0039

THE BIDDER INQUIRY KEY IS: WC2UKG-MNH7H5

SPECIFIC INSTRUCTIONS FOR PROJNET BID INQUIRY ACCESS:

PURSUANT TO FAR 52.232-5 AND 52.232-33, ALL PAYMENTS UNDER THIS CONTRACT WILL BE MADE

BY ELECTRONIC FUNDS TRANSFER (EFT). CONTRACTORS ARE REQUIRED TO COMPLETE FORM:

UFC-DISB-4.

THE FORM AND COMPLETION INSTRUCTIONS MAY BE DOWNLOADED FROM THE U. S. ARMY

CORPS OF ENGINEERS FINANCE CENTER AT: HTTP://WWW.FC.USACE.ARMY.MIL (CLICK ON

"DIRECTORATES" AT THE TOP OF THE PAGE, THEN CLICK ON "DIRECTORATE OF ACCOUNTING

OPERATIONS" AND THEN “EFT DIRECT DEPOSIT FORM”)

THE “INSTALLATION EROC” FOR THE VICKSBURG CONSOLIDATED CONTRACTING OFFICE IS “B4."

1. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON

QUICK ADD ON THE UPPER RIGHT SIDE OF THE SCREEN.

2. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.

3. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.

4. EMAIL. ENTER THE EMAIL ADDRESS YOU WOULD LIKE TO

USE FOR COMMUNICATION.

5. CLICK CONTINUE. A PAGE WILL THEN OPEN SAYING THAT A

USER ACCOUNT WAS NOT FOUND AND WILL ASK YOU TO CREATE

ONE USING THE PROVIDED FORM.

6. ENTER YOUR FIRST NAME, LAST NAME, COMPANY, CITY, STATE,

PHONE, EMAIL, SECRET QUESTION, SECRET ANSWER, AND TIME

ZONE. MAKE SURE TO REMEMBER YOUR SECRET QUESTION AND

ANSWER AS THEY WILL BE USED FROM THIS POINT ON TO ACCESS

THE PROJNET SYSTEM.

7. CLICK ADD USER. ONCE THIS IS COMPLETED YOU ARE NOW

REGISTERED WITHIN PROJNET AND ARE CURRENTLY LOGGED

INTO THE SYSTEM.

SPECIFIC INSTRUCTIONS FOR FUTURE PROJNET BID INQUIRY ACCESS:

1. FOR FUTURE ACCESS TO PROJNET, YOU WILL NOT BE EMAILED

ANY TYPE OF PASSWORD. YOU WILL UTILIZE YOUR SECRET

QUESTION AND SECRET ANSWER TO LOG IN.

2. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON

QUICK ADD ON THE UPPER RIGHT SIDE OF THE SCREEN.

3. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.

4. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.

5. EMAIL. ENTER THE EMAIL ADDRESS YOU USED

TO REGISTER PREVIOUSLY IN PROJNET.

6. CLICK CONTINUE. A PAGE WILL THEN OPEN ASKING YOU

TO ENTER THE ANSWER TO YOUR SECRET QUESTION.

7. ENTER YOUR SECRET ANSWER AND CLICK LOGIN. ONCE

THIS IS COMPLETED YOU ARE NOW LOGGED INTO THE

SYSTEM.

THE CALL CENTER OPERATES WEEKDAYS FROM 8AM TO 5PM U.S.

CENTRAL TIME ZONE (CHICAGO). THE TELEPHONE NUMBER FOR THE

CALL CENTER IS 800-428-HELP.

CLAUSES INCORPORATED BY REFERENCE

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.215-2 Audit and Records--Negotiation OCT 2010 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

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)

52.222-23 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

SMSA Counties MS 19.2%

SMSA Counties LA 31.0% Non-SMSA Counties 27.7%

6.9% 6.9% 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 SMSA Counties MS, SMSA Parishes LA, Non-SMSA Counties, MS, LA

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

CEMVK-CT-S

4155 Clay Street Vicksburg, MS 39183

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

52.252-1 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):

http://farsite.hill.af.mil/

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

WAGE RATE

General Decision Number: LA160007 03/04/2016 LA7

Superseded General Decision Number: LA20150007

State: Louisiana

Construction Type: Heavy

Counties: Jefferson, Orleans, Plaquemines, St Bernard, St Charles, St James, St John the Baptist and St Tammany Counties in Louisiana.

HEAVY CONSTRUCTION PROJECTS (Includes flood control, water & sewer lines, and water wells. Also includes elevated storage tanks in all listed parishes except Plaquemines and St. James.

Excludes industrial construction-chemical processing, power plants, and refineries.)

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/08/2016 1 02/26/2016 2 03/04/2016

CARP0729-001 07/01/2012

Rates Fringes

MILLWRIGHT.......................$ 25.80 9.50

CARP1846-006 07/01/2015

Rates Fringes

CARPENTER

(formbuilding/formsetting and Piledrivers).....................$ 24.26 8.20

ELEC0130-005 06/01/2015

JEFFERSON, ORLEANS, PLAQUEMINES, ST. BERNARD, ST. CHARLES, ST.

JAMES, AND ST. JOHN THE BAPTIST PARISHES

ELECTRICIAN (including low voltage wiring)..................$ 29.85 10.53

ELEC1077-002 06/01/2014

ST. TAMMANY PARISH

Rates Fringes

ELECTRICIAN (including low voltage wiring)..................$ 22.80 7.50

ENGI0406-018 07/01/2009

Rates Fringes

OPERATOR: Power Equipment Bulldozer...................$ 21.26 6.70 Mechanic....................$ 23.31 6.70

PLAS0567-003 07/01/2014

JEFFERSON, ORLEANS, PLAQUEMINES, ST. BERNARD, ST. CHARLES, ST.

JOHN THE BAPTIST, and ST. TAMMANY PARISHES

Cement Mason/Concrete Finisher...$ 21.43 6.19

PLAS0812-003 06/01/2004

ST. JAMES PARISH

Rates Fringes

Cement Mason/Concrete Finisher...$ 21.85 0.00

PLUM0060-002 11/30/2015

JEFFERSON, ORLEANS, PLAQUEMINES, ST. BERNARD, ST. CHARLES, ST.

JAMES (Southeastern Portion), ST. JOHN THE BAPTIST, and ST.

TAMMANY PARISHES

Plumbers (excluding pipe laying)..........................$ 28.58 12.18

* PLUM0198-005 01/01/2016

ST. JAMES PARISH (Northwestern Portion)

Rates Fringes

PLUMBER (excluding pipe laying)..........................$ 29.38 11.40

SULA2004-007 05/13/2004

Rates Fringes

CARPENTER (all other work).......$ 13.75 2.60

Laborers:

Common/Landscape............$ 9.88 0.00 Fence.......................$ 11.24 0.00 Flagger.....................$ 8.58 0.00 Mason Tender................$ 7.25 0.00 Pipelayer...................$ 9.84 0.00

PIPEFITTER (excluding pipelaying)......................$ 17.52 4.51

Power equipment operators:

Backhoe/Excavator...........$ 14.42 0.00 Crane.......................$ 16.34 3.30 Dragline....................$ 16.50 0.00 Front End Loader............$ 13.89 0.00 Oiler.......................$ 10.03 0.00

Truck drivers:

Dump........................$ 11.01 0.00 Pickup......................$ 12.25 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

NOTICE TO CONTRACTOR

This solicitation contains two sets of goals for minority participation in construction crafts on this contract. They are the New Orleans Hometown Plan and the New Orleans Standard Metropolitan Statistical Area (SMSA).

Contractor will determine the goals applicable to him by the following:

Hometown Plan applies only to those contractors who are signatory to the Hometown Plan and utilizing crafts signatory to the plan.

New Orleans Standard Metropolitan Statistical Area (SMSA) applies to all contractors in the New Orleans SMSA area not signatory to the Hometown Plan, or utilizing crafts not signatory to the plan.

Federal Register/Vol. 45, No. 194/Friday, October 3, 1980

SOLICITATION PROVISION

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

The Bidder’s attention is called to “EQUAL OPPORTUNITY” and “LOCAL AFFIRMATIVE ACTION PLAN” clauses of the contract.

The acceptable ranges of minority manpower utilization, expressed in percentage terms, are as follows:

Goals for Minority Goals for Female Timetables Participation for Participation in

Each Trade______ Each Trade_____

Indefinitely 20% - 23 % 6.9%

The Bidder shall, within 5 days after a request therefor by the Contracting Officer of his duly authorized representative, submit the following information.

(a) A list of the construction trades he intends to use, either directly or through subcontractors at any tier, in the performance of work covered by this solicitation;

(b) A list of the labor organizations with which he has collective bargaining agreements and which are signatories to the Hometown Plan with respect to trades for which specific commitments to goals of minority manpower utilization are set forth in the Hometown Plan;

(c) A list of the labor organizations with which he has collective bargaining agreements and which are not signatories to the Hometown Plan or which are signatories thereto but with respect to trades for which no specific commitments to goals of minority manpower utilization are set forth in the Hometown Plan, and

(d) A list of all current construction work or contracts to which he is a party in any capacity in the covered area.

As used in this NOTICE and the contract to result from this solicitation:

(a) “Hometown Plan” or “Plan” means the NEW ORLEANS Plan, consisting of “An Agreement for Implementation of Employment of Minorities in the New Orleans Building Construction Industry.”

(b) “The covered area” means Orleans, Jefferson, St. Bernard, St.

Tammany, St. Charles, St. John, Lafourche, Plaquemines, Washington, Terrebonne, Tangipahoa*, Livingston** and St.

James*** Parishes, Louisiana.

(c) “Director, OFCC” means the Director, Office of Federal Contract Compliance, United States Department of Labor, or any person to whom he delegates authority; and

(d)…