W912P825R0005.pdf

Ed 24-017

W912P825R0005

US Army Corps of Engineers New Orleans District

Roof Replacement New Orleans District Headquarters Building

New Orleans, Louisiana

Construction Solicitation and Specifications

31 January 2025

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

7400 LEAKE AVENUE

NEW ORLEANS, LA 70118-3651

ED 24-017

31 January 2025 SOLICITATION: W912P8-25-R-0005

FOR: Roof Replacement New Orleans District Headquarters Building, New Orleans, Louisiana

TO OPEN: Proposal is due electronically NLT 3 March 2025, 3:00PM, CST

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 Clause52.204-7 for required information. The website for SAM is https://www.sam.gov. You will be required to provide your company’s Dun and Bradstreet (D&B) D-U-N-S number. If you do not already have a D&BD-U-N-S number, one can be requested at http://fedgov.dnb.com/webform.

OFFERORS 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 provided in this contract consist of demolition and removal of the existing roof; including placing cast in-place concrete, precast concrete roof fill; installing post-installed concrete anchors, cold-formed metal framing, structural steel, roof and deck insulation, metal wall panels;

construction of modified bituminous membrane roofing, PMMA fluid-applied roofing, and standing seam metal roofing system; installation of flashing and sheet metal, sealants, steel doors and frames, hardware, metal wall louvers, plumbing, lightning protection system; and other work incidental thereto.

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 and for visitor background checks by MVN security when entering the installation at place of bid opening. 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 "SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS” DATED

15 MARCH 2024.

ATTENTION: Contractors must complete, and submit with their bid, the provisions located in Section 00600. A bidder may also submit, in lieu of the completed Section 00600, a complete hard copy of their Online Representations and Certifications Applications (ORCA) registration with an expiration date on or after the date of award.

ALL INQUIRIES REGARDING THIS SOLICITATION

SHOULD BE MADE TO THE FOLLOWING:

NAKIEA B. BUTLER

CONTRACT SPECIALIST

U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

E‐MAIL: NAKIEA.B.BUTLER@USACE.ARMY.MIL

Phone: (504) 862-1772

COLLECT CALLS NOT ACCEPTED

NOTE: FOR THE MOST PROMPT RESPONSE, PLEASE SEND ALL QUESTIONS VIA

EMAIL.

PTC-i Ed 24-017

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

Division 01 - GENERAL REQUIREMENTS

01100 General Provisions 01 32 01.00 12 Project Schedule 01 33 00 Submittal Procedures 01 35 26 Governmental Safety Requirements 01 42 00 Sources for Reference Publications 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 45 04.15 10 Contractor Quality Control 01 57 20.00 12 Environmental Protection 01 78 02.00 10 Closeout Submittals

Division 03 – CONCRETE

03 30 53.00 28 Miscellaneous Cast-In-Place Concrete 03 41 16.08 28 Precast Concrete Roof Infill

Division 05 – METALS

05 05 20.00 28 Post Installed Concrete Anchors 05 40 00.00 28 Cold Formed Metal Framing 05 50 13.00 25 Structural Metal

Division 07 – THERMAL AND MOISTURE PROTECTION

07 01 50.10 28 Roof Removal And Disposal 07 22 00.00 28 Roof And Deck Insulation 07 42 13.00 28 Metal Wall Panels 07 52 00.00 28 Modified Bituminous Membrane Roofing 07 56 00.10 28 PMMA Fluid-Applied Roofing 07 60 00.00 28 Flashing And Sheet Metal 07 61 14.00 28 Standing Seam Metal Roofing System (SSMRS) 07 72 00.00 28 Roof Accessories 07 92 00.00 28 Joint Sealants

Division 08 – OPENINGS

PTC-ii Ed 24-017

08 11 13.00 28 Steel Doors and Frames 08 71 00.00 28 Door Hardware 08 91 00.00 28 Metal Wall Louvers

Division 22 – PLUMBING

22 00 00 Plumbing, General Purpose

Division 26 – ELECTRICAL

26 41 00 Lightning Protection System

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

W912P825R0005

U.S. Army Corps of Engineer New Orleans District 7400 Leake Avenue NewOrleans, LA 70118-3651

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

Roof Replacement New Orleans District Headquarters Building, New Orleans, LA (ED 24-017)

This is an Unrestricted procurement.

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of demolition and removal of the existing roof; including placing cast in-place concrete, precast concrete roof fill; installing post-installed concrete anchors, cold-formed metal framing, structural steel, roof and deck insulation, metal wall panels; construction of modified bituminous membrane roofing, PMMA fluid-applied roofing, and standing seam metal roofing system; installation of flashing and sheet metal, sealants, steel doors and frames, hardware, metal wall louvers, plumbing, lightning protection system; and other work incidental thereto.

The estimated value of this work is between $5,000,000 and $10,000,000.

All questions due by 12 February 2025, 10AM CST

U.S. Army Corps of Engineer, New Orleans

ATTN: CEMVN-CT-W

7400 Leake Avenue, Room 172 New Orleans, LA 70118

Nakiea Butler 504-862-1772

ED 21-020

01/31/2025 local time 03/3/2025

3:00PM

52.211-10

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

New Orleans Area Office, U.S. Army Corps of Engineers 7400 Leake Ave.

New Orleans, LA 70118

U.S. Army Corps of Engineers Finance Center 5722 Integrity Drive Millington, TN 38054-5005

00010-3 Ed 24-017

SECTION 00010 – BIDDING SCHEDULE

Roof Replacement New Orleans District Headquarters Building, New Orleans, Louisiana

Item DESCRIPTION Estimated Quantity Unit Unit Price Estimated Amount

BASE WORK

0001 Mobilization and Demobilization 1 JOB

0002 Video and Photographic Documentation 1 JOB

0003 PV Solar Array Support Structure 1 JOB

0004 Demolition and Disposal 1 JOB

0005 Penthouse Modifications 1 JOB

0006 Main Roof 30,548 SF

0007 Canopy Roof 1,032 SF

0008 Penthouse Roof 796 SF

0009 Roof Accessories 1 JOB

0010 Plumbing 1 JOB

0011 Lightning Protection System 1 JOB

BASE WORK TOTAL: $

OPTIONAL WORK 1 (OW1)

Center Building

0012 Mobilization and Demobilization

- OW1 1 JOB

0013 Demolition and Disposal - OW1 1 JOB

0014 Main Roof – OW1 29,364 SF

0015 Canopy Roof – OW1 1,547 SF

0016 Penthouse Roof - OW1 372 SF

0017 Plumbing - OW1 1 JOB

OW1 TOTAL $

00010-4 Ed 24-017

OPTIONAL WORK 2 (OW2)

0018 Mobilization and Demobilization

- OW2 1 JOB

0019 Demolition and Disposal – OW2 1 JOB

0020 Main Roof – OW2 30,697 SF

0021 Canopy Roof – OW2 1,032 SF

0022 Penthouse Roof - OW2 648 SF

0023 Roof Accessories – OW2 1 JOB

0024 Plumbing – OW2 1 JOB

OW2 TOTAL $

TOTAL BASE WORK + OW1 + OW2 $

**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.

00010-5 Ed 24-017

NOTE 4: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices;

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

NOTE 5: OPTION FOR INCREASED QUANTITY (FAR 52.217-6 MAR 1989).

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within the time periods specified in NOTE 6 below. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

NOTE 6: 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. As stated in FAR 17.204(d), the period for exercise of an option may extend after the contract completion date for situations when exercise of the option would result in the obligation of funds not available in the fiscal year in which the contract would otherwise be completed. The Contracting Officer may exercise OPTIONAL WORK 1 by written notice to the Contractor no earlier than 1 October 2025, but no later than 31 December 2025. If implemented, the Contracting Officer may exercise OPTIONAL WORK 2 by written notice to the Contractor no earlier than 1 October 2026, but no later than 31 December 2026. 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. All prices bid by the Contractor to secure a responsive bid shall be binding throughout the life of the contract.

NOTE 7: 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 8: 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 shall be as stipulated below, in addition to the original contract duration of 180 calendar days established for the BASE WORK items specified in the Contract Clause entitled “COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (FAR 52-211-10 – APR 1984)”.

OW1 – 180 calendar days OW2 – 180 calendar days http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx

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Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS TO OFFEROR'S

PROPOSAL SUBMISSION INSTRUCTIONS

The Offeror’s proposal shall be submitted electronically. The only authorized transmission method for proposals in response to this solicitation is electronically via email. Offeror shall email their proposals using the following instructions:

a. Proposal may be submitted before the response date outlined in the Solicitation. Please send an email to the below email once your firm is ready to submit its Proposal.

Contract Specialist – Ms. Nakiea Butler, email: Nakiea.B.Butler@usace.army.mil

b. Please adhere to the response time outlined in the solicitation by submitting before or on the due date.

SUBMISSION REQUIREMENTS/PROPOSAL CONTENTS/FORMAT

Offeror shall submit their proposal in accordance with the following:

The following shall be submitted in the file titled “W912P825R0005_Company Name,” in the sequence listed below:

• Title Sheet

• Technical

• Price Proposal

• Completed SF 1442

• Price Schedule

Technical

To be eligible for award the offeror MUST provide certification that the contractor is approved, authorized, or licensed in writing by the modified bitumen roofing system manufacturer as an approved, authorized, or licensed applicator with that manufacturer and is approved at a level capable of providing the specified 30-year warranty in accordance with FAR 9.104-2.

Price Proposal

This shall consist of all information required to support proposed prices.

The Offeror shall ensure that the information submitted is consistent with and fully supports the amounts set forth in the price schedule and SF1442.

Completed SF 1442

Signature requirements: SF 1442, SOLICITATION, OFFER, AND AWARD Block 20 requires that the name and title of a person authorized to sign the offer for the agency be provided.

Price Schedule

Offeror SHALL insert Pricing Schedule as shown on pages 8-9.

mailto:Nakiea.B.Butler@usace.army.mil

For any Questions please contact:

Contracting Officer – Michelle Dalmado, email: Michelle.Dalmado@usace.army.mil

Contract Specialist – Nakiea Butler, email: Nakiea.B.Butler@usace.army.mil

Phone: (504) 862-1772 mailto:Michelle.Dalmado@usace.army.mil mailto:Nakiea.B.Butler@usace.army.mil

CLAUSES INCORPORATED BY FULL TEXT

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

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

http://www.acquisition.gov/

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any FAR/ DFARS (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision) http://www.acquisition.gov/

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management NOV 2024

52.204-22 Alternative Line Item Proposal JAN 2017

52.207-1 Notice Of Standard Competition MAY 2006

52.217-5 Evaluation Of Options JUL 1990

52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction

Materials Under Trade Agreements

MAY 2014

52.232-13 Notice Of Progress Payments APR 1984

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.215-7008 Only One Offer DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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--

(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 (NOV

2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

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

____ (1) The Offeror certifies that--

(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.

https://www.sam.gov/

(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. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless--

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the

President of the United States has--

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the

Contracting Officer may terminate any contract resulting from the false certification.

mailto:NDAA1290Cert@state.gov

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance

Requirements for Construction clause of this solicitation.

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

Goals for minority participation for each trade

Goals for female participation for each trade

SMSA Counties, MS 19.2%

SMSA Counties, LA 31.0%

Non-SMSA Counties 27.7%

6.9%

6.9%

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract

Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from

Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract

Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is New Orleans, LA

(End of provision)

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 _twenty_ percent (20%) 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)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Michelle R. Dalmado, Contracting Officer, U.S. Army Corps of Engineers, ATTN: CEMVN- CT-T, 7400 Leake

Avenue, New Orleans, LA 70118-3651, facsimile (504) 862-2889.

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

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

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

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

Name: Todd Jacquet

Address: 7400 Leake Ave, Room 263, New Orleans, LA 70118

Telephone: 504-862-2782

Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.

(2) The small business size standard is $19,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

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

[XXX] Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

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

52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

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

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

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

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

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

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

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

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the…