W912P823C0047 Award Package SIGNED.pdf

Ed 19-027

W912P823C0047

US Army Corps of Engineers

New Orleans District

West Shore Lake Pontchartrain, LA.

Hurricane and Storm Damage Risk Reduction Project

WSLP - 108, T-Wall and Drainage Structure

St. John the Baptist Parish, Louisiana

Construction Solicitation and Specifications

June 2023

PTC-i Ed 19-027

PROJECT TABLE OF CONTENTS

Division 00 – PROCUREMENT AND CONTRACTING

Solicitation, Offer and Award SF-1442 00010 Bidding Schedule 00100 Instructions, To Bidders 00600 Representations and Certifications 00700 Contract Clauses 01100 General Provisions

Division 01 - GENERAL REQUIREMENTS

01 32 01.00 12 Project Schedule 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 10 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 01 78 23 Operation and Maintenance Data

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 05 50 14 Structural Metal Fabrications 05 51 00 Metal Stairs 05 51 33 Metal Ladders 05 52 00 Metal Railings 05 59 20 Fabrication of Hydraulic Steel Structures

PTC-ii Ed 19-027

Division 09 – FINISHES

09 97 02.01 12 Painting: Coal Tar Epoxy System

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 23 19.00 12 Dewatering 31 24 00.00 12 Embankment 31 26 00.00 12 Vertical Wick and Horizontal Strip Drains 31 37 00.01 12 Grouted Riprap 31 41 16.00 12 Steel Sheet Piling 31 62 13.20 Precast/Prestressed Concrete Piles 31 62 16.16 Steel H-Piles

Division 32 – EXTERIOR IMPROVEMENTS

32 15 00.00 12 Surfacing 32 31 13 Chain Link Fences and Gates 32 34 00.01 12 Precast Concrete Bridge 32 34 00.02 12 Precast Concrete Bridge Deck Units 32 92 19.23 12 Turf Establishment and Maintenance

Division 33 – UTILITIES

33 40 01.00 12 Corrugated Metal Pipe

Division 35 – WATERWAY AND MARINE CONSTRUCTION

35 20 14 Stoplogs 35 20 16.54 Slide Gates and Hoist 35 31 19.04 12 Stone and Bedding Construction

504-862-2211 margaret.c.maine@usace.army.mil

Margaret .C. Maine

25 AUG 2023

Section SF 30 - BLOCK 14 CONTINUATION PAGE

RESPONSES TO QUESTIONS

1) Question: Plan sheet C-104 appears to be missing from the issued plan set. Please provide.

Response: See the attached C-104.

2) Question: Plan sheet C-402 shows top of sheet pile elevation to be +8.1’ on the east levee tie

in. Please confirm if this should be elevation +7.1.

Response: Top of sheet pile elevation on East side of the drainage structure at the levee to T-wall tie-in is at EL. +8.1 as currently shown on C-402.

3) Question: Please confirm the 6 each support corbels for the drainage structure top deck are 1’ thick.

Response: Confirmed, the 6 support corbels for the drainage structure are 1-foot thick.

4) Question: Section 31 62 16.16 indicates the PDA test piles are shown on the plans. Sheet C-

401 shows the location for the PDA test. How many PDA test piles are there on this project?

Response: There should be 2 PDA test piles per pile type and per pile depth. We have piles at

EL -69, -70, and -81. The piles at -69/-70 could be rolled into 1 PDA test pile. So 4 total

PDA test piles.

5) Question: What is the tip elevation of the PDA test pile(s)?

Response: The PDA test pile lengths should be chosen based upon the results from the sister pile load tests.

6) Question: How much of the PZ-22 sheet pile in the Drainage Structure and its Wingwalls receive coal tar epoxy coating?

Response: T-Wall foundation piles and sheet piles are to be painted; Transition sheet piles are to be painted. Painting Schedule for T-Wall and Transition piles is provided in

Specification Section 09 97 02.01 12, Paragraph 3.5. No paint is required for wing wall and drainage structure foundation piles or sheet piles.

7) Question: Is the Metal Beam Guard Rail incidental to the precast bridge?

Response: Yes. The metal beam guard rail is incidental to the precast bridge.

8) Question: Note 1 on sheet S-521 states for additional Guard Rail details and information, see

Standard Plan BD.1.1.0.01 thru BD.1.1.0.11. Please issue those standard plan sheets.

Response: See attached sheets.

9) Question: Section 03 31 00.00 12 – Cast in Place Structural Concrete lists Scour Protection –

4,000psi. Is there any scour protection on this project?

Response: There is only grouted riprap scour protection. Concrete scour protection is not included.

10) Question: Are there any hold periods on the levee construction besides the preload?

Response: No. There are no other hold periods besides the pre-load area.

11) Question: Can you please confirm if this project has AIS/BABA requirements?

Response:. This solicitation and resulting contract is not subject to AIS/BABA requirements.

12) Question: We noticed there is a requirement of AISC certified fabricators, AISC certified plant, etc. We are unclear if this only includes structural steel or for all fabrication, since this project only has structural steel gates and stop logs.

Response: This applies only to structural steel gates and stop logs.

13) Question: Also, we are a little confused regarding stainless steel stop logs: Plan no. S-108 calls for 6 qty. stop logs only, plans S-505 shows 12 Qty. Frames (Storage, Alternate closure and sluice gate). Are 12 Frames required in both sides of sluice gates. For better understanding, please refer page S-501 Thru S-505 in attached PDF.

Response: The Contractor shall furnish and install two sets of three stainless steel stoplogs.

Stoplog slots/guides – 3 sets of 8 slots/guides are required for the drainage structure:

• 8 slots/guides are required from el. +17.9 (Operating Deck) to el. -5.0 (Top of

Footing) for the Alternative Closure Slots – see S-501, S-502 and S-504 for plan; S-

505 for section; S-507 for detail.

• 8 slots/guides are required from el. +17.9 (Operating Deck) to el. +6.0 (Storage Deck) for Storage Slots – see S-501 and S-502 for plan; S-505 for section; S-507 for detail.

• 8 slots/guides are required from el. +6.0 (Bridge Deck) to el. -5.0 (Top of Footing) for

Dewatering Slots – see S-502 and S-504 for plan; S-505 for section; S-507 for detail.

14) Question: Can you please tell me if there is supposed to be a C-104 drawing because we are missing that one as well?

Response: See the attached C-104.

15) Question: With the PZ-27 sheet piles being part of the TRS design and not its own line item, can you please provide a quantity for these piles?

Response: A conceptual drawing of the TRS is shown for illustrative and bidding purposes on sheet S-107. The contractor can use the information from this sheet to develop quantities.

RESPONSES TO QUESTIONS 8/2

VIRTUAL BID OPENING DETAILS:

Join from the meeting link https://usace1.webex.com/usace1/j.php?MTID=mfc151d26d44ddf5797279b0a3bb590c4

Meeting number (access code): 2764 176 5438

Meeting password: Y2WfuCw36D@

Join by phone

+1-844-800-2712 US Toll Free

+1-669-234-1177 US Toll

Global call-in numbers | Toll-free calling restrictions https://usace1.webex.com/usace1/j.php?MTID=mfc151d26d44ddf5797279b0a3bb590c4

RESPONSES TO QUESTIONS:

*Questions are continuous amoung all amendments

16. Question: Plan sheet D-505, detail 5 is the seal plates for the stop logs. Can more details be given on the gusset size and spacing as well as the anchor bolt spacing?

Response: This is to be contractor designed.

17. Question: Please provide the Government’s estimated quantities for job items.

Response: See attached job item quantities.

18. Question: How is the removal and disposal of muck from the required backfilling of the existing

Mississippi Bayou and temporary Mississippi Bayou measured and paid?

Response: No separate measurement and payment will be made for mud/muck removal.

Payment for mud/muck removal shall be included in the contract item for which the work is incidental thereto.

19. Question: Please provide specification section for the electrical work required on plan sheet E-

001.

Response: Section 35 20 16.54 Slide Gates and Hoist.

20. Question: When will we receive the results from the “sister pile load tests” per response no. 5 in amendment 1?

Response: The sister site for WSLP 108 is the Reserve Relief site. Pile driving is underway but no testing has been performed yet, our estimate is 2-3 months for results.

21. Question: Section 31 62 16.16 -3.3.1.1 states only 2 test piles (hp14x73) will be subject to PDA monitoring, but the response to question 4 states a total of 4 PDA test piles please clarify.

Response: There should be 2 PDA test piles per pile depth, for a total of 4. The specification will be revised to clarify this.

22. Question: Addendum 0001 reduced the contract duration to 854 calendar days. Specification section 00010, note 7 provides 36 calendar days for OW1 and 188 calendar days for OW2.

Please confirm that if optional work is awarded, the total contract duration is 1,078 calendar days and not 854 calendar days.

Response: Yes, if both options are awarded the contract duration will be 1,078 calendar days.

23. Question: There are currently four West Shore projects solicitations, two bidding at the same time on 8/1, one bidding on 8/8, and one bidding on 8/9. Three of these projects are small business set-asides. Please consider spreading these projects out, where only one bids a week.

This would allow small businesses to be more competitive on all of the West Shore projects and provide the Government a lower overall project cost.

Response: Please see this SF30.

24. Question: Will the contractor be allowed payment for material stored offsite on h-piles, sheet piles, slide gates, stop logs, and the permanent precast concrete bridge?

Response: H-piles and sheet piles can be stored off site. The remainder cannot. Specification

Section 01100 will be revised.

25. Question: Specification section 01 53 00.02 12, paragraph 2.1 states “The sheet pile shall be hot rolled sheet pile as defined in Section 31 41 16.00 12 Steel Sheet Piling”. Are the temporary retaining structures sheet piles required to be new in accordance with section 31 41 16.00 12?

Response: This should be per the licensed engineer of record. However, the sheet piles shall be hot rolled.

26. Question: Drawing C-403 depicts 9 each 5’ diameter culverts at the existing temporary bypass canal culvert crossing which is required to be removed by this contract. The WSLP-107 project consisted of 10 each 5’ diameter culverts. Please clarify and provide an updated drawing so the items to be removed can be accurately determined.

Response: The drawing should show 10 each 5’ diameter culverts to match WSLP-107. The revised sheet C-403 is attached.

27. Question: Will the existing base for the temporary bypass canal culvert crossing consisting of the sand, limestone, and geotextile be required to be removed along with the culverts, which will require dewatering?

Response: Yes.

28. Question: Please provide a breakdown of all lump sum CLINs.

Response: See attached job item quantities.

29. Question: We request a bid opening extension.

Response: Please see this SF30.

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $2,518,610.00 $2,518,610.00 Mobilization and Demobilization

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: W42HEM32344134

PSC CD: Y1PZ

NET AMT $2,518,610.00

ACRN AA

CIN: W42HEM323441340001

$2,518,610.00

0002 1 Job $809,586.00 $809,586.00 Temporary Retaining Structures

FFP

FOB: Destination

NET AMT $809,586.00

$809,586.00

0003 1 Job $185,791.00 $185,791.00 Traffic Control and Coordination

FFP

FOB: Destination

NET AMT $185,791.00

$185,791.00

0004 700 Linear

Foot

$7.00 $4,900.00

Silt Fence

FFP

FOB: Destination

NET AMT $4,900.00

$4,900.00

0005 1 Job $189,460.00 $189,460.00 Truck Wash-Down Racks

FFP

FOB: Destination

NET AMT $189,460.00

$189,460.00

0006 1 Job $1,164,364.00 $1,164,364.00 Reinforced Concrete Floodwall

FFP

FOB: Destination

NET AMT $1,164,364.00

$1,164,364.00

0007 1 Job $2,344,210.00 $2,344,210.00 Reinforced Concrete Drainage Structures

FFP

FOB: Destination

NET AMT $2,344,210.00

$2,344,210.00

0008 1 Job $487,410.00 $487,410.00 Miscellaneous Metals

FFP

FOB: Destination

NET AMT $487,410.00

$487,410.00

0009 14,300 Square

Yard

$6.00 $85,800.00

Separator Geotextile

FFP

FOB: Destination

NET AMT $85,800.00

$85,800.00

0010 13,000 Square

Yard

$9.00 $117,000.00

Reinforcement Geotextile

FFP

FOB: Destination

NET AMT $117,000.00

$117,000.00

0011 1 Job $824,311.00 $824,311.00 Clearing and Grubbing

FFP

FOB: Destination

NET AMT $824,311.00

$824,311.00

0012 1 Job $784,288.00 $784,288.00 Excavation, Drainage Canals

FFP

FOB: Destination

NET AMT $784,288.00

$784,288.00

0013 1 Job $174,075.00 $174,075.00 Construction Dewatering

FFP

FOB: Destination

NET AMT $174,075.00

$174,075.00

0014 115,000 Cubic

Yard

$33.25 $3,823,750.00

Embankment, Compacted Fill

FFP

FOB: Destination

NET AMT $3,823,750.00

$3,823,750.00

0015 $0.00 Sand Fill

FFP

NET AMT $0.00

0015AA 74,000 Actual

Tons

$14.85 $1,098,900.00

First 74,000 TON

FFP

FOB: Destination

NET AMT $1,098,900.00

$1,098,900.00

0015AB 19,000 Actual

Tons

$14.85 $282,150.00

All Over 74,000 TON

FFP

FOB: Destination

NET AMT $282,150.00

$282,150.00

0016 1 Job $829,384.00 $829,384.00 Soil Pre-Loading

FFP

FOB: Destination

NET AMT $829,384.00

$829,384.00

0017 20,706 Linear

Foot

$2.25 $46,588.50

Vertical Wick Drain Installation

FFP

FOB: Destination

NET AMT $46,588.50

$46,588.50

0018 7,073 Linear

Foot

$3.00 $21,219.00

Horizontal Strip Drain Installation

FFP

FOB: Destination

NET AMT $21,219.00

$21,219.00

0019 495 Cubic

Yard

$283.00 $140,085.00

Grouted Riprap

FFP

FOB: Destination

NET AMT $140,085.00

$140,085.00

0020 11,760 Square

Foot

$63.75 $749,700.00

Piling, Steel Sheet, Type PZ-22

FFP

FOB: Destination

NET AMT $749,700.00

$749,700.00

0021 840 Linear

Foot

$50.00 $42,000.00

Furnish 14"x14" Square Precast Concrete

FFP

Furnish 14"x14" Square Precast Concrete Piling

FOB: Destination

NET AMT $42,000.00

$42,000.00

0022 840 Linear

Foot

$75.50 $63,420.00

Drive 14"x14" Square Precast Concrete Pi

FFP

Drive 14"x14" Square Precast Concrete Piling

FOB: Destination

NET AMT $63,420.00

$63,420.00

0023 13,420 Linear

Foot

$98.75 $1,325,225.00

Furnish HP14x73 Steel Piles

FFP

FOB: Destination

NET AMT $1,325,225.00

$1,325,225.00

0024 13,420 Linear

Foot

$29.00 $389,180.00

Drive HP14x73 Steel Piles

FFP

FOB: Destination

NET AMT $389,180.00

$389,180.00

0025 1 Job $324,940.00 $324,940.00 Pile Driving Analyzer Testing

FFP

FOB: Destination

NET AMT $324,940.00

$324,940.00

0026 $0.00 Surfacing

0026AA 4,500 Actual

Tons

$65.25 $293,625.00

First 4,500 TON

FFP

FOB: Destination

NET AMT $293,625.00

$293,625.00

0026AB 1,200 Actual

Tons

$65.25 $78,300.00

All Over 4,500 TON

FFP

FOB: Destination

NET AMT $78,300.00

$78,300.00

0027 1 Job $31,118.00 $31,118.00 Chain Link Fences and Gates

FFP

FOB: Destination

NET AMT $31,118.00

$31,118.00

0028 1 Job $232,100.00 $232,100.00 Drainage Structure Access Bridge

FFP

FOB: Destination

NET AMT $232,100.00

$232,100.00

0029 14 Acre $4,615.00 $64,610.00 Seeding and Mulching

FFP

FOB: Destination

NET AMT $64,610.00

$64,610.00

0030 $0.00 Fertilizer

0030AA 630 Pound $33.50 $21,105.00 First 630 LBS

FFP

FOB: Destination

NET AMT $21,105.00

$21,105.00

0030AB 280 Pound $33.50 $9,380.00 All Over 630 LBS

FFP

FOB: Destination

NET AMT $9,380.00

$9,380.00

0031 14 Actual

Tons

$1,263.00 $17,682.00

Lime Soil Amendment

FFP

FOB: Destination

NET AMT $17,682.00

$17,682.00

0032 7 Actual

Tons

$3,198.00 $22,386.00

Sulfur Soil Amendment

FFP

FOB: Destination

NET AMT $22,386.00

$22,386.00

0033 1 Job $870,375.00 $870,375.00 Stoplogs

FFP

FOB: Destination

NET AMT $870,375.00

$870,375.00

0034 1 Job $1,102,475.00 $1,102,475.00 Slide Gates and Hoists

FFP

FOB: Destination

NET AMT $1,102,475.00

$1,102,475.00

0035 550 Actual

Tons

$99.50 $54,725.00

Riprap

FFP

FOB: Destination

NET AMT $54,725.00

$54,725.00

0036 90 Actual

Tons

$68.50 $6,165.00

Riprap Bedding

FFP

FOB: Destination

NET AMT $6,165.00

$6,165.00

0037 2,700 Square

Yard

$7.50 $20,250.00

EXERCISED

OPTION

Separator Geotextile - OW1

FFP

FOB: Destination

NET AMT $20,250.00

$20,250.00

0038 1 Job $93,722.00 $93,722.00

EXERCISED

OPTION

Clearing and Grubbing - OW1

FFP

FOB: Destination

NET AMT $93,722.00

$93,722.00

0039 1 Job $45,672.00 $45,672.00

EXERCISED

OPTION

Excavation, Drainage Canals - OW1

FFP

FOB: Destination

NET AMT $45,672.00

$45,672.00

0040 2,100 Cubic

Yard

$33.00 $69,300.00

EXERCISED

OPTION

Embankment, Compacted Fill - OW1

FFP

FOB: Destination

NET AMT $69,300.00

$69,300.00

0041 1,860 Actual

Tons

$14.85 $27,621.00

EXERCISED

OPTION

Sand Fill - OW1

FFP

FOB: Destination

NET AMT $27,621.00

$27,621.00

0042 600 Actual

Tons

$65.25 $39,150.00

EXERCISED

OPTION

Surfacing - OW1

FFP

FOB: Destination

NET AMT $39,150.00

$39,150.00

0043 1 Job $428,210.00 $428,210.00

EXERCISED

OPTION

72-Inch CMP Culvert Installation – OW1

FFP

FOB: Destination

NET AMT $428,210.00

$428,210.00

0044 420 Actual

Tons

$99.50 $41,790.00

EXERCISED

OPTION

R-90 Riprap - OW1

FFP

FOB: Destination

NET AMT $41,790.00

$41,790.00

0045 3,600 Square

Yard

$6.65 $23,940.00

OPTION Separator Geotextile – OW2

FFP

FOB: Destination

NET AMT $23,940.00

0046 5,000 Square

Yard

$9.80 $49,000.00

OPTION Reinforcement Geotextile – OW2

FFP

NET AMT $49,000.00

0047 1 Job $592,202.00 $592,202.00 OPTION Clearing and Grubbing – OW2

FFP

NET AMT $592,202.00

0048 1 Job $258,805.00 $258,805.00 OPTION Excavation, Drainage Canals – OW2

FFP

NET AMT $258,805.00

0049 34,000 Cubic

Yard

$35.00 $1,190,000.00

OPTION Embankment, Compacted Fill – OW2

FFP

NET AMT $1,190,000.00

0050 1,200 Actual

Tons

$65.25 $78,300.00

OPTION Surfacing – OW2

FFP

NET AMT $78,300.00

0051 5 Acre $5,190.00 $25,950.00 OPTION Seeding and Mulching – OW2

FFP

NET AMT $25,950.00

0052 $0.00 Fertilizer

0052AA 225 Pound $19.40 $4,365.00 OPTION First 225 LBS

FFP

NET AMT $4,365.00

0052AB 100 Pound $19.40 $1,940.00 OPTION All Over 225 LBS

FFP

NET AMT $1,940.00

0053 5 Actual

Tons

$1,444.00 $7,220.00

OPTION Lime Soil Amendment

FFP

NET AMT $7,220.00

0054 2.50 Actual

Tons

$3,760.00 $9,400.00

OPTION Sulfur Soil Amendment

FFP

NET AMT $9,400.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

0009 Destination Government Destination Government

0010 Destination Government Destination Government

0011 Destination Government Destination Government

0012 Destination Government Destination Government

0013 Destination Government Destination Government

0014 Destination Government Destination Government

0015 N/A N/A N/A N/A

0015AA Destination Government Destination Government

0015AB Destination Government Destination Government

0016 Destination Government Destination Government

0017 Destination Government Destination Government

0018 Destination Government Destination Government

0019 Destination Government Destination Government

0020 Destination Government Destination Government

0021 Destination Government Destination Government

0022 Destination Government Destination Government

0023 Destination Government Destination Government

0024 Destination Government Destination Government

0025 Destination Government Destination Government

0026 N/A N/A N/A N/A

0026AA Destination Government Destination Government

0026AB Destination Government Destination Government

0027 Destination Government Destination Government

0028 Destination Government Destination Government

0029 Destination Government Destination Government

0030 N/A N/A N/A N/A

0030AA Destination Government Destination Government

0030AB Destination Government Destination Government

0031 Destination Government Destination Government

0032 Destination Government Destination Government

0033 Destination Government Destination Government

0034 Destination Government Destination Government

0035 Destination Government Destination Government

0036 Destination Government Destination Government

0037 Destination Government Destination Government

0038 Destination Government Destination Government

0039 Destination Government Destination Government

0040 Destination Government Destination Government

0041 Destination Government Destination Government

0042 Destination Government Destination Government

0043 Destination Government Destination Government

0044 Destination Government Destination Government

0045 Destination Government Destination Government

0046 Destination Government Destination Government

0047 Destination Government Destination Government

0048 Destination Government Destination Government

0049 Destination Government Destination Government

0050 Destination Government Destination Government

0051 Destination Government Destination Government

0052 N/A N/A N/A N/A

0052AA Destination Government Destination Government

0052AB Destination Government Destination Government

0053 Destination Government Destination Government

0054 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 854 dys. ANP 1 USACE, CONTRACTING DIVISION

JULES D BOUDREAUX

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

(504) 862-2783

W912P8

0002 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0003 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0004 854 dys. ANP 700 (SAME AS PREVIOUS LOCATION)

0005 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0006 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0007 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0008 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0009 854 dys. ANP 14,300 (SAME AS PREVIOUS LOCATION)

0010 854 dys. ANP 13,000 (SAME AS PREVIOUS LOCATION)

0011 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0012 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0013 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0014 854 dys. ANP 115,000 (SAME AS PREVIOUS LOCATION)

0015 N/A N/A N/A N/A

0015AA 854 dys. ANP 74,000 USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

(504) 862-2783

0015AB 854 dys. ANP 19,000 (SAME AS PREVIOUS LOCATION)

0016 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0017 854 dys. ANP 20,706 (SAME AS PREVIOUS LOCATION)

0018 854 dys. ANP 7,073 (SAME AS PREVIOUS LOCATION)

0019 854 dys. ANP 495 (SAME AS PREVIOUS LOCATION)

0020 854 dys. ANP 11,760 (SAME AS PREVIOUS LOCATION)

0021 854 dys. ANP 840 (SAME AS PREVIOUS LOCATION)

0022 854 dys. ANP 840 (SAME AS PREVIOUS LOCATION)

0023 854 dys. ANP 13,420 (SAME AS PREVIOUS LOCATION)

0024 854 dys. ANP 13,420 (SAME AS PREVIOUS LOCATION)

0025 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0026 N/A N/A N/A N/A

0026AA 854 dys. ANP 4,500 USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

(504) 862-2783

0026AB 854 dys. ANP 1,200 (SAME AS PREVIOUS LOCATION)

0027 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0028 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0029 854 dys. ANP 14 (SAME AS PREVIOUS LOCATION)

0030 N/A N/A N/A N/A

0030AA 854 dys. ANP 630 USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

(504) 862-2783

0030AB 854 dys. ANP 280 (SAME AS PREVIOUS LOCATION)

0031 854 dys. ANP 14 (SAME AS PREVIOUS LOCATION)

0032 854 dys. ANP 7 (SAME AS PREVIOUS LOCATION)

0033 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0034 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0035 854 dys. ANP 550 (SAME AS PREVIOUS LOCATION)

0036 854 dys. ANP 90 (SAME AS PREVIOUS LOCATION)

0037 854 dys. ANP 2,700 (SAME AS PREVIOUS LOCATION)

0038 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0039 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0040 854 dys. ANP 2,100 (SAME AS PREVIOUS LOCATION)

0041 854 dys. ANP 1,860 (SAME AS PREVIOUS LOCATION)

0042 854 dys. ANP 600 (SAME AS PREVIOUS LOCATION)

0043 854 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0044 854 dys. ANP 420 (SAME AS PREVIOUS LOCATION)

0045 N/A N/A N/A N/A

0046 N/A N/A N/A N/A

0047 N/A N/A N/A N/A

0048 N/A N/A N/A N/A

0049 N/A N/A N/A N/A

0050 N/A N/A N/A N/A

0051 N/A N/A N/A N/A

0052 N/A N/A N/A N/A

0052AA N/A N/A N/A N/A

0052AB N/A N/A N/A N/A

0053 N/A N/A N/A N/A

0054 N/A N/A N/A N/A

Section 00100 - Bidding Schedule/Instructions to Bidders

BIDDER INSTRUCTIONS

INSTRUCTIONS TO BIDDERS

SOLICITATION NUMBER: W912P823B0044

NOTE: BIDDERS MAY SUBMIT BIDS BY ONLY ONE METHOD: A) ELECTRONIC COMMERCE

(EMAIL) OR BY 2) PHYSICAL SUBMISSION. BIDDERS SHALL LIMIT THE BID SUBMITTAL TO ONE

OPTION OR THE OTHER, NOT BOTH.

Electronic Submission of Bids/Proposals (Email):

The New Orleans District utilizes electronic commerce (Email) for receipt of electronic bids under this IFB solicitation. To submit an electronic commerce (Email) bid please follow these steps:

1. Send an email containing your name, email address and bid/proposal to the following emails associated with the IFB (MUST include all emails):

• Calvin.D.Fogle@USACE.ARMY.MIL

• Margaret.C.Maine@USACE.ARMY.MIL

2. ALL BIDS SUBMITTED BY EMAIL MUST CONTAIN THE SOLICITATION NUMBER IN THE

SUBJECT LINE.

3. Once the agency receives your bid/proposal at the above email addresses, you will then receive a confirmation email stating your bid/proposal was received. If a bidder does not receive a reply acknowledging receipt electronically from the New Orleans District, it is incumbent upon the bidder to seek confirmation from the issuing Contracting office by phone.

Note: The size limit for incoming emails is 35MB. Any bid/proposal over this size may not be accepted by the server and will constitute the bid not being received timely. Please note that embedded links, URLs, and other html language included may interfere with the USACE server security, which may cause emails to be removed prior to being received by the contracting office. Bidders are advised to refrain from including external links, embedded links, URLs, and other html language not germane to the proposal/bid. Please note it is a bidder’s responsibility, when transmitting its bid electronically, to ensure the receipt of its bid to the proper designee at the proper time. See FAR 14.304(b)(1)(i) regarding untimely electronic bids. Please note, MVN’s computer system firewall may cause a delay in receipt of emails, so be sure to allow ample time for possible delay. If your email would exceed 35MB you can use one of the following methods as a work-around:

• Use .zip files as attachments. Combine multiple files into a .zip file to compress file size prior to adding as an email attachment.

• Send multiple emails. Label each email with same subject line and indicate number of emails. For example:

Smith Construction W912P823BXXXX (1 of 2) Smith Construction W912P823BXXXX (2 of 2).

mailto:Calvin.D.Fogle@USACE.ARMY.MIL mailto:Margaret.C.Maine@USACE.ARMY.MIL

Physical Submission of Bids:

Bidders may submit their bids by hand carrying or express mail to the New Orleans District Contracting Office in

Room 172. Bidders are advised to allow adequate time to ensure timely submission of its bid. Traffic onto the New

Orleans District campus may be delayed by trains blocking the entrance or security either at the gate and/or inside of the building. Express delivery may be utilized but it is incumbent upon the bidder to ensure bid delivery time and date is before the receipt of bid cutoff time. See FAR 14.304(b)(1)(ii) and (c).

Bid Opening:

The Bid Opening is currently scheduled for Tuesday, Aug 01, 2023, at 11:30 am CST. The Contracting Officer and

Contract Specialist will begin downloading bids at 10:30 AM CST, which is the bid submission receipt cutoff time.

All bids received after 10:30 AM CST on Tuesday, Aug 01, 2023, will be considered late.

Audio Teleconference Bid Opening Information:

Instructions as well as any subsequent audio teleconference Bid Opening Information will be provided on SAM.GOV prior to the final closing date of this solicitation. In the event of changes to the solicitation that require a change to the closing date/time, the bid opening Audio Teleconference information will be provided via amendment.

Following the conclusion of the bid opening, in accordance with FAR 14.403(b), abstracts of offers for unclassified acquisitions shall be available for public inspection via SAM.GOV.

CLAUSES INCORPORATED BY REFERENCE

52.232-38 Submission of Electronic Funds Transfer Information With

Offer

JAN 2002

CLAUSES INCORPORATED BY FULL TEXT

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

(End of provision)

Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such

Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the https://dibnet.dod.mil/

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause) https://dibnet.dod.mil/

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021

52.203-14 Display of Hotline Poster(s) NOV 2021

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-12 Unique Entity Identifier Maintenance OCT 2016

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.210-1 Market Research NOV 2021

52.211-5 Material Requirements AUG 2000

52.219-8 Utilization of Small Business Concerns OCT 2022

52.219-14 Limitations On Subcontracting OCT 2022

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records JUL 2021

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans JUN 2020

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-37 Employment Reports on Veterans JUN 2020

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021

52.222-54 Employment Eligibility Verification MAY 2022

52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.228-11 Individual Surety--Pledge of Assets FEB 2021

52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022

52.228-15 Performance and Payment Bonds--Construction JUN 2020

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.242-5 Payments to Small Business Subcontractors JAN 2017

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.203-7003 Agency Office of the Inspector General AUG 2019

252.203-7004 Display of Hotline Posters JAN 2023

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7006 Billing Instructions OCT 2005

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023

252.223-7004 Drug Free Work Force SEP 1988

252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7002 Obstruction of Navigable Waterways DEC 1991

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to

(a) Commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 854 calendar days after the date of receipt by him of notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $3,420.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor at least 3 days before the following: (1) If exercised, OW1 will be issued no later than 30 calendar days after the Notice to Proceed has been issued. (2) If exercised, OW2 will be issued no later than 270 calendar days after the Notice to Proceed has been issued.. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal

Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S.