W912P821B0021.pdf

ED 17-029

W912P8-21-B-0021

US Army Corps Of Engineers New Orleans District

New Orleans to Venice, Louisiana

NOV-NF-W-05a.1 First Lift Levee and Drainage Canal Relocation Project La Reusitte to Myrtle Grove Plaquemines Parish, Louisiana

Construction Solicitation and Specifications

August 2021

DEPARTMENT OF THE ARMY

NEW ORLEANS DISTRICT, CORPS OF ENGINEERS

7400 LEAKE AVENUE

NEW ORLEANS, LA 70118-3651

ED 17-029

SOLICITATION: W912P821B0021 August 2021

FOR: New Orleans to Venice, LA, NOV-NF-W-05a.1, First Lift Levee and Drainage Canal Relocation Project, La Reusitte to Myrtle Grove, Plaquemines Parish, Louisiana

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) B-U-N-S number. If you do not already have a D&B B-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 canals, new culvert placements, new drainage structure placement, new t-walls, new levee ramp crossings embankment placement for levees, geotextile, turf establishment, surfacing 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/

SOLICITATION NUMBER: W912P821B0021

TECHNICAL INQUIRIES AND QUESTIONS

ALL QUESTIONS MUST BE SUBMITTED VIA PROJNET.

TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO

BESUBMITTED VIA BIDDER INQUIRY IN PROJNET AT (HTTPS://WWW.PROJNET.ORG).

BIDDERS ARE ENCOURAGED TO SUBMIT QUESTIONS 5 DAYS PRIOR TO BID OPENING

IN ORDER TO ENSURE ADEQUATE TIME IS ALLOTTED 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: W912P821B0021

THE BIDDER INQUIRY KEY IS: 89C25E-6IHW78

SPECIFIC INSTRUCTIONS FOR PROJNET BID INQUIRY ACCESS:

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

UPPER RIGHT SIDE OF THE SCREEN.

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

3. KEY. ENTER THE BIDDER 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.

PTC-i ED 17-029

PROJECT TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACT REQUIREMENTS

Solicitation, Offer and Award (SF-1442) 00010 Bidding Schedule 00100 Instructions, To Bidders 00600 Representations and Certifications 00700 Contract Clause Inserts

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 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 45 04.00 12 Contractor Quality Control 01 53 00.02 12 Temporary Retaining Structures 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 Plan 01 57 23.01 12 Truck Wash-Down Racks 01 78 02.00 10 Closeout Submittals

DIVISION 03 – CONCRETE

03 11 14.00 12 Formwork for Concrete 03 15 13.00 12 Expansion Joints and Waterstops in Concrete 03 21 00.00 12 Reinforcing Steel 03 31 00.00 12 Cast-in-Place Structural Concrete

DIVISION 05 - METALS

05 50 03.00 12 Metalwork Fabrication, Machine Work, And Miscellaneous Provisions

05 50 04.01 12 Miscellaneous, Standard Articles, Shop Fabricated Items

DIVISION 09 - FINISHES

09 97 02.03 12 Painting: Vinyl and Coal Tar Epoxy Systems

PTC-ii ED 17-029

DIVISION 13 – SPECIAL CONSTRUCTION

13 50 00.00 12 Foundation Instrumentation

DIVISION 31 – EARTHWORK

31 05 19.04 12 Separator Geotextile 31 05 19.05 12 Reinforcement Geotextile 31 11 00.00 12 Clearing and Grubbing 31 23 00.00 12 Excavation 31 23 16.16 12 Structural Excavation and Backfill 31 24 00.00 12 Embankment 31 26 00.00 12 Vertical Wick Drains 31 37 00.02 12 Grouted Riprap 31 41 16.00 12 Steel Sheet Piling 31 62 14.00 12 Pile Load Tests 31 62 17.00 12 Steel Pipe Piles

DIVISION 32 – EXTERIOR IMPROVEMENTS

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

DIVISION 33 – UTILITIES

33 05 00.00 12 Modifications to Existing Utilities 33 40 00 Polypropylene Culverts 33 42 16.13 09 Reinforced Concrete Pipe

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

35 20 14 Bulkheads 35 20 16.26 12 Sluice Gates and Hoists 35 31 19.04 12 Stone Construction

New Orleans to Venice, LA, NOV-NF-W-05a.1, First Lift Levee and Drainage Canal Relocation Project, La Reusitte to Myrtle Grove, Plaquemines Parish, Louisiana

DESCRIPTION OF WORK: The work consists of clearing, grubbing, excavation for new drainage canals, new culvert placements, new drainage structure placement, new T-w alls, new levee ramp crossings embankment placement for levees, geotextile, turf establishment, surf acing and all other related incidental work.

ESTIMATED VALUE OF THE PROPOSED WORK IS BETWEEN $100,000,000 AND $250,000,000.

X

AMY L STARKS (601) 631-5693

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 AUGUST 2021 (RFP)

(IFB)

CALL:

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

SEE SPECIAL NOTICES TO BIDDERS

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 within 10 calendar days and complete it within (1302 calendar days)after receiving award, X Notice to proceed. This performance period is X mandatory, negotiable. ( See Section 0700

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 work required are due at the place specified in Item 8 by 28 September 2021 @ 1400 CST.

IIf 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 is required.

C. All offers are subject to the (1) work 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 will not be considered and will 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 CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE

PAGE

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

Sealed envelopes containing offers

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

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

(601)631-7261 FAX: TEL: TEL: FAX:

W912P821B0021

W42HEM12029175

20B. SIGNATURE

(REV. 4-85) STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) Page 2 (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ 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:

SEE SCHEDULE

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)

CODE 27. PAYMENT WILL BE MADE BY: 964145

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

26. ADMINISTERED BY

U.S. ARMY CORPS OF ENGINEERS

NEW ORLEANS AREA OFFICE

7400 LEAKE AVENUE

RM 186 NEW ORLEANS, LA 70118

(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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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

(Must be fully completed by offeror) OFFER

Section 00010 - Solicitation Contract Form

SECTION 00010 - BIDDING SCHEDULE

New Orleans to Venice, LA, NOV-NF-W-05a.1, First Lift Levee and Drainage Canal Relocation Project, La Reusitte to Myrtle Grove, Plaquemines Parish, Louisiana

Item Description Estimated Quantity

Unit Unit Price Estimated Amount

BASE WORK

0001 Mobilization and Demobilization 1 JOB

0002 Traffic Control and Coordination 1 JOB

0003 Silt Fence

0003AA First 2,300 LF 2,300 LF

0003AB All Over 2,300 LF 500 LF

0004 Truck Wash-Down Racks 1 JOB

0005 Reinforced Concrete Floodwall 1 JOB

0006 Sluice Gate Structure 1 JOB

0007 Steel Handrails 1 JOB

0008 Ladders 3 EA

0009 Foundation Instrumentation 1 JOB

0010 Separator Geotextile 58,900 SY

Reinforcement Geotextile, 12,000 lbs/in

67,600 SY

Reinforcement Geotextile, 10,000 lbs/in

8,000 SY

0013 Clearing and Grubbing 1 JOB

0014 Drainage Canals 283,000 CY

0015 Degrading Existing Levees 79,500 CY

0016 Excavation, Structural 99,250 CY

0017 Embankment, Compacted Fill 1,800,000 CY

0018 Embankment, Uncompacted Fill 51,000 CY

0019 Sand Fill 44,000 CY

0020 Vertical Wick Drains 1,744,200 LF

W912P821B0021 0010-1 ED 17-029

0021 Grouted Riprap 1,900 CY

0022 Piling, Steel Sheet, Type PZ-22 31,100 SF

0023 Piling, Steel Sheet, Type PZ-27 2,000 SF

0024 Piling, Steel Sheet, Type PZ-35 10,210 SF

0025 Compression Pile Tests

0025AA First 3 Compression Tests 3 EA

0025AB All Over 3 Compression Tests 3 EA

0026 Load Frame and Test Piles 1 JOB

0027 Furnish Steel Pipe Piles 57,600 LF

0028 Drive Steel Pipe Piles 57,600 LF

0029 Asphaltic Pavement 1 JOB

0030 Surfacing

0030AA First 14,300 CY 14,300 CY

0030AB All Over 14,300 CY 2,850 CY

0031 Seeding and Mulching 211 AC

0032 Fertilizer

0032AA First 63,300 LBS 63,300 LBS

0032AB All Over 63,300 LBS 9,500 LBS

0033++ Lime Soil Amendment 211 TON

0034++ Sulfur Soil Amendment 106 TON

0035 Utility Modifications 1 JOB

0036 Polypropylene Culverts 1,230 LF

0037 48 Inch RCP Culvert 2,552 LF

0038 60 Inch RCP Culvert 504 LF

0039 Sluice Gates 4 EA

0040 Portable Valve Actuator 1 EA

0041 Stone 4,245 TON

TOTAL BASE WORK: $

OPTIONAL WORK (OW)

0042 Temporary Retaining Structures-OW 1 JOB

0043 Reinforced Concrete Floodwall-OW 1 JOB

W912P821B0021 0010-2 ED 17-029

0044 Clearing and Grubbing-OW 1 JOB

0045 Embankment, Compacted Fill-OW 4,600 CY

0046 Grouted Riprap-OW 700 CY

0047 Piling, Steel Sheet, Type PZ-22-OW 10,500 SF

0048 Furnish Steel Pipe Piles-OW 19,000 LF

0049 Drive Steel Pipe Piles-OW 19,000 LF

0050 Seeding and Mulching-OW 0.6 AC

0051 Fertilizer-OW

0051AA First 180 LBS 180 LBS

0051AB All Over 180 LBS 30 LBS

0052 Utility Modifications-OW 1 JOB

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, Rejection of Individual Bids).

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 Plan, 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.

W912P821B0021 0010-3 ED 17-029

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 OPTIONAL 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 “Option Area" 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 OPTIONAL WORK items are exercised under the terms of the contract, the time required for completion of the contract will not be adjusted but shall be performed concurrent with the original contract duration of 1,302 calendar days established for the BASE WORK items specified in the Contract Clauses entitled “COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52-211-10 – APR 1984)”.

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

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

W912P821B0021 0010-4 ED 17-029

EVALUATION OF SUBLINE ITEMS (Dec 2019 - AFARS 5152.211-9000).

Item Nos. 0003, 0025, 0030, 0032 and 0051 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its subline items.

(End of Clause)

VARIATIONS IN ESTIMATED QUANTITIES - SUBLINE ITEMS (Dec 2019 -

AFARS 5152.211-9001).

This variation in estimated quantities clause is applicable only to item Nos.

0003, 0025, 0030, 0032 and 0051.

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

(b) Where the actual quantity of work performed for item Nos. 0003, 0025, 0030, 0032 and 0051 is less than 85% of the quantity of the first subline item listed under such item, the Contractor will be paid at the contract unit price for that subline item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause at Federal Acquisition Regulation (FAR) 52.211-18, VARIATION IN

ESTIMATED QUANTITY.

(c) If the actual quantity of work performed under item Nos. 0003, 0025, 0030, 0032 and 0051 exceeds 115% or is less than 85% of the total estimated quantity of the subline item under that item and/or if the quantity of the work performed under the second subline item or any subsequent subline item under item Nos. NONE exceeds 115% or is less than 85% of the estimated quantity of any such subline 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)

W912P821B0021 0010-5 ED 17-029

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

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS

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

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS):

https://www.dol.gov/vets/

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

- Veterans Opportunity to Work (VOW) Program:

https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

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

(End of special contract requirement) ***Analysis for application of PLAs apply to construction solicitations (including task order request for proposals (RFPs)), with performance in the United States, with an anticipated contract value of $25M or greater, and issued after 15 October 2010. Further, with respect to solicitations to establish new MATOCs and Single Award Task Order Contracts (SATOC) issued after 15 October 2010, the following language shall be included at an appropriate location in the solicitation: “Pursuant to FAR 22.503, a PLA may be considered for certain projects under Task Orders meeting the criteria set forth in Executive Order 13502. Each Task Order may be evaluated on a project by project basis for possible application of a PLA.***

W912P821B0021 0010-6 ED 17-029

Section 00100 - Bidding Schedule/Instructions to Bidders

SPECIAL NOTICES

SPECIAL NOTICES

1. DUE TO THE ONGOING COVID-19 PANDEMIC; BIDS SHALL BE MAILED TO

THE VICKSBURG DISTRICT HEADQUARTERS BUILDING, ROOM 120, 4155 CLAY

STREET, VICKSBURG, MISSISSIPPI 39183-3435. BIDS SENT BY COMMERCIAL

CARRIER SHALL BE CLEARLY MARKED ON THE OUTER ENVELOPE AS

CONTAINING A “SEALED BID”. BIDS MUST BE RECEIVED PRIOR TO THE

EXACT TIME SET FOR BID OPENING.

BIDS MAY ALSO BE SUBMITTED BY HAND AT THE VICKSBURG DISTRICT

HEADQUARTERS BUILDING LOBBY (4155 CLAY STREET, VICKSBURG, MS) ON

THE DAY OF BID OPENING "ONLY" AND MAY NOT BE SUBMITTED SOONER THAN

(2) HOURS PRIOR TO THE TIME OF THE SCHEDULED BID OPENING. BIDDERS

HAND DELIVERING BIDS SHALL BE REQUIRED TO WEAR A MASK THAT MUST BE

WORN WHEN ENTERING THE BUILDING, OR YOU WILL BE DENIED ACCESS.

BIDDERS WILL ONLY HAVE ACCESS TO THE MAIN LOBBY. YOU MUST ENTER,

HAND OFF YOUR BID PACKAGE TO A REPRESENTATIVE OF THE VICKSBURG

CONTRACTING OFFICE, AND THEN IMMEDIATELY DEPART THE BUILDING AND

THE HEADQUARTERS GROUNDS.

NO DOD SAFE SUBMISSION OR ELECTRONIC RECIPT OF BIDS WILL BE

ALLOWED FOR THIS INVIATION FOR BIDS.

NO IN PERSON ATTENDANCE SHALL BE ALLOWED AT THIS BID OPENING;

THE BID OPENING MAY BE VIEWED ONLINE THROUGH “YOUTUBE LIVE AT THE

BELOW LINK;

https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw

USERS SHOULD STAY ON THE HOME PAGE. ONCE THE LIVE STREAM STARTS, A

NEW STREAMING VIDEO SECTION WILL APPEAR ABOVE ALL THE EXISTING

VIDEOS AND IT WILL SAY “LIVE” ON THE BOTTOM RIGHT CORNER. USERS

MAY NEED TO REFRESH THE PAGE TO MAKE THAT SECTION APPEAR AND FOR

THE VIDEO TO START PLAYING.

THE YOUTUBE LIVE LINK MAY ALSO BE FOUND BY GOING TO THE USACE

VICKSBURG DISTRICT WEB PAGE; HTTPS://WWW.MVK.USACE.ARMY.MIL/

CLICK “BUSINESS WITH US” AND THEN “CONTRACTING” WHERE THE LINK

WILL BE AVAILABLE UNDER “BID OPENINGS”.

2. SEALED BIDS FOR THE WORK DESCRIBED HEREIN WILL BE RECEIVED

UNTIL DATE AND TIME OF BID OPENING.

3. THIS PROCUREMENT IS A TOTAL SMALL BUSINESS SET-ASIDE.

4. YOUR ATTENTION IS DIRECTED TO SECTION 00100-BID

SCHEDULE/INSTRUCTIONS TO BIDDERS CLAUSE ENTITLED “SUBMISSION OF

W912P821B0021 00100-1 ED 17-029

BIDS”. IT IS THE BIDDER’S RESPONSIBILITY TO ENSURE THAT BIDS

SENT BY COMMERCIAL CARRIER ARE CLEARLY IDENTIFIED AS CONTAINING A

SEALED BID ON THE OUTERMOST ENVELOPE. THIS INCLUDES, BUT IS NOT

LIMITED TO, BIDS SENT VIA: FEDERAL EXPRESS, AIRBORNE EXPRESS,

EXPRESS COURIER SERVICES, INC., EXPRESS MAIL - U.S. POSTAL

SERVICE, UNITED PARCEL SERVICE AND PUROLATOR.

5. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL OPPORTUNITY

CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS

SOLICITATION.

6. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE CONTRACT CLAUSE

ENTITLED, “AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION”, WHICH WILL APPLY TO THE CONTRACT RESULTING FROM

THIS SOLICITATION.

7. SEE SECTION 00 80 00.00 09, SPECIAL CONTRACT REQUIREMENTS,

CLAUSE ENTITLED “COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK”.

8. SEE SECTION 01 00 00.00 09, GENERAL CONTRACT REQUIREMENTS

CLAUSE, ENTITLED, “PAYMENT INVOICES” WHICH WILL APPLY TO THE

CONTRACT RESULTING FROM THIS SOLICITATION. THE FEDERAL

ACQUISITION REGULATION REQUIRES THAT THE “REMIT TO” ADDRESS OF

THE INVOICE MATCH THE “REMIT TO” ADDRESS ON THE CONTRACT OR A

PROPER NOTICE OF ASSIGNMENT.

9. BIDS WILL NOT BE ACCEPTED NOR SHALL BIDS BE WITHDRAWN

TELEGRAPHICALLY OR BY ELECTRONIC COMMERCE.

10. IN ACCORDANCE WITH THE PROVISIONS OF SUBPART 36.201

(EVALUATION OF CONTRACTOR PERFORMANCE) OF THE FEDERAL ACQUISITION

REGULATION (FAR), CONSTRUCTION CONTRACTOR’SPERFORMANCE SHALL BE

EVALUATED THROUGHOUT THE PERFORMANCE OF THE CONTRACT. THE UNITED

STATES ARMY CORPS OF ENGINEERS(USACE) FOLLOWS THE PROCEDURES

OUTLINED IN ENGINEERINGREGULATION 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 AN EVALUATION (INTERIM OR FINAL) IS WRITTEN UP BY THE USACE,

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, CALLEDPKI 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)

W912P821B0021 00100-2 ED 17-029

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.

11. ELECTRONIC FUNDS TRANSFER (EFT)

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 BE DOWNLOADED FROM THE U. S. ARMY CORPS OF ENGINEERS

FINANCE CENTER AT:

HTTPS://WWW.TAM.USACE.ARMY.MIL/PORTALS/53/DOCS/UDC/ADMIN/DIRECT_

DEPOSIT.PDF

THE “INSTALLATION EROC” FOR THE VICKSBURG CONTRACTING OFFICE IS

“B4."

12. PRIOR TO BID OPENING, IN ACCORDANCE WITH FEDERAL

ACQUISITION REGULATION PART 14.303 (B) MODIFICATION OR

WITHDRAWAL OF BIDS, “A BID MAY BE WITHDRAWN IN PERSON BY A

BIDDER OR ITS AUTHORIZED REPRESENTATIVE IF, BEFORE THE EXACT

TIME SET FOR OPENING OF BIDS, THE IDENTITY OF THE PERSONS

REQUESTING WITHDRAWAL IS ESTABLISHED AND THAT PERSON SIGNS A

RECEIPT FOR THE BID."

THE FOLLOWING STEPS WILL BE REQUIRED BY THE VICKSBURG

CONTRACTING OFFICE:

1) CONTRACTOR MUST PRESENT A LETTER VERIFYING THEY ARE A

REPRESENTATIVE OF THE COMPANY.

2) CONTRACTOR MUST SHOW VALID, GOVERNMENT ISSUED PICTURE ID.

3) VICKSBURG DISTRICT CONTRACTING OFFICE WILL HAVE THE

REPRESENTATIVE SIGN A RECEIPT FOR BID.

W912P821B0021 00100-3 ED 17-029

GENERAL NOTICES

1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA

AUTHORITY:

(a) Original Authorization: Section 203 of the Flood Control Act of 1962, Public Law 87-874 (76 Stat. 1173)

(b) Supplemental Authorization: New Orleans to Venice, LA— Under the Flood Control and Coastal Emergencies (FC&CE) heading, Chapter 3, Title I, Division B of Public Law 109 148 (119 Stat. 2762 – 2763) (3rd FC&CE Supplemental); under the FC&CE heading, Chapter 3, Title II of Public Law 109-234 (120 Stat. 454-455) (4th FC&CE Supplemental); under the FC&CE heading, Chapter 3, Title III of Public Law 110-252 (122 Stat. 2349-2350) (6th FC&CE Supplemental);

and under the FC&CE heading, Chapter 3, Title I, Division B of Public Law 110-329 (122 Stat. 3590) (7th FC&CE Supplemental)

APPROPRIATION:

4th and 6th Supplemental appropriations for the Non-Federal Levees.

3rd, 4th, and 6th Supplemental appropriations for New Orleans to Venice, LA

FUNDING CITATION: 96x3125

2. NEGOTIATIONS AFTER SEALED BIDDING.

The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation. Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government, the following steps will be followed:

(a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number. The amendment will also make any necessary changes to the scope of the work.

(b) A cover letter signed by the negotiator willaccompany the amendment explaining the procedures to be followed during negotiations.

W912P821B0021 00100-4 ED 17-029

3. BID, PERFORMANCE AND PAYMENT BONDS.

A bid bond is required with the bid package and is to be executed on Standard Form SF24. Performance and payment bonds with be required after award. See Section 00700, Contract Clauses 52.228- 1, BID GUARANTEE and 52.228-15, PERFORMANCE AND PAYMENT BONDS --

CONSTRUCTION

4. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS.

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 opening bids. Such revisions or amendments, if any, will be announced by amendment or amendments to this Invitation for Bids. Copies of such amendments as may be issued will be furnished to all prospective bidders. If the revision or amendments are of a nature which require material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the District Engineer will enable bidders to revise their bids. In such case, the amendments will include an announcement of the new date for opening bids.

5. BUSINESS INTEGRITY.

The apparent successful bidder as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

6. CONDITIONS AFFECTING THE WORK.

Bidders 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 bidders 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 Invitation for Bids, the specifications, or related documents.

7. BIDDER'S QUALIFICATIONS.

A determination of contractor responsibility will be made. A determination of non-responsibility may be cause for the rejection of a prospective contractor's bid. In accordance with FAR 9.104-1

W912P821B0021 00100-5 ED 17-029

- General Standards, before a bid is considered for award, the bidder shall be requested by the Government to submit a statement regarding their previous experience in performing comparable work, their business and technical organization, financial resources, the plant available to be used in performing the work and/or other information necessary to make the determination of contractor responsibility.

8. SITE OF THE WORK.

Bidders 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.

9. INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND

BONDS.

a. Specifications, Invitation No. W912P821B0021, Bidding Schedule, Pre-award Information/Description of Work/Bid Evaluation, Equipment Schedule, Construction Contract Clauses, and Wage Determination Decisions No. LA20210005 07/23/2021 LA5 of the Secretary of Labor, are parts of this Invitation.

b. (1) An offeror (bidder) 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 or bidders 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.

W912P821B0021 00100-6 ED 17-029

(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).

10. 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.

W912P821B0021 00100-7 ED 17-029

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-7 Anti-Kickback Procedures JUN 2020 52.204-6 Unique Entity Identifier OCT 2016 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-13 Notice Of Progress Payments APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

W912P821B0021 00100-8 ED 17-029

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

W912P821B0021 00100-9 ED 17-029

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (FEB 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

____ (1) The Offeror certifies that--

W912P821B0021 00100-10 ED 17-029

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state.