W912P923B0005 JFC Tainter Gates.pdf

Jerry F. Costello Lock and Dam Tainter Gate and Monorail Bridge Rehabilitation and Painting

Work consists of furnishing all equipment to include floating plant, supplies, materials, and labor, and performing all operations in connection with the rehabilitation, blasting, and application of paint systems to the two tainter gates and monorail crane bridge at Jerry F. Costello Lock and Dam.

X

ANGIE L GRIMES 314 331-8965

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

09-Feb-2023

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

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

11. The Contractor shall begin performance within _______ 10 calendar days and complete it within ________ 730 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________ 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ 1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 10 Mar 2023 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______ 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

US ARMY ENGR DIST ST LOUIS

1222 SPRUCE STREET, RM 4.207

ST LOUIS MO 63103-2833

W912P9

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour) Sealed envelopes containing offers

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

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

314 331-8746 FAX: TEL: TEL: FAX:

W912P923B0005 84

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 00 00 - Procurement and Contracting Requirements

SOLICITATION INFORMATION

A. PROJECT INFORMATION

PROJECT TITLE: Jerry F. Costello Lock and Dam Tainter Gate and Monorail Bridge Rehabilitation and Painting Project

TYPE OF SOLICITATION: Invitation for Bid (IFB)

TYPE OF CONTRACT: Firm-Fixed-Price Construction

DISCLOSURE OF THE ESTIMATED MAGNITUDE OF THE PROPOSED CONSTRUCTION

PROJECT: between $5,000,000 and $10,000,000

NAICS CODE: 237990 – Other Heavy and Civil Engineering Construction

SIZE STANDARD: $39,500,000.00

COMPETITION: Unrestricted

PLACE OF CONTRACT PERFORMANCE: near Randolph County, IL

WAGE DETERMINATION: IL20220016, and its subsequent updates, for Randolph County, IL, is applicable to this solicitation.

ATTACHMENTS:

1 – Specifications 2 – Plans

B. INQUIRIES:

All technical inquires and questions relating to this solicitation are to be submitted via email to Contract Specialist, Angie. L. Grimes, at angie.l.grimes@usace,army.mil by 10:00am CST, 24 February 2023.

C. Offeror shall furnish unit prices for all items listed on the Bidding Schedule of the Solicitation.

D. Lack of registration in the System for Award Management (SAM) database will make an offeror ineligible for award. See contract clause 52.204-7, “System for Award Management”.

E. All work under these Specifications shall be performed in accordance with the provisions of EM 385-1-1 “Corps of Engineers Safety and Health Requirements Manual”, dated November 2014.

DETERMINATION OF REPSONSIBILITY REQUIREMENTS

In accordance with FAR 9.104-1 General Standards:

To be determined responsible, a prospective contractor must –

(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a)).

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

(c) Have a satisfactory performance record (see 9.104-3(b) and subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2.

mailto:angie.l.grimes@usace,army.mil

(d) Have a satisfactory record of integrity and business ethics (for example, see subpart 42.15).

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See 9.104-3(a).)

(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).

PROCEDURES FOR SUBMISSION OF BIDS AND VIRTUAL BID OPENING

In accordance with FAR 14.202-8 and FAR Part 4.5, bidders will be required to submit their bids in response to this IFB solicitation by the date and time listed on the Standard Form 1442 via electronic means to include bid bonds.

Physical copies of bid bonds will not be required to be submitted unless otherwise requested by the Contracting Officer at a later date.

Bidders shall submit their bids via email to Contract Specialist, Angie Grimes, at angie.l.grimes@usace,army.mil by the date and time listed on the SF 1442.

Contract Specialist will post an Abstract of Bids and the apparent low bidder to SAM.gov within twenty-four (24) hours of the bid due date and time. Bidders will also be notified via email. There will be no public bid opening at a physical location.

End of Paragraph

GENERAL NOTICES

1. NEGOTIATIONS AFTER BIDS.

The Government has the option to reject bids received in response to the Invitation for Bids, convert the Solicitation to a Request for Proposal (RFP) and initiate negotiations with offerors.

2. PERFORMANCE AND PAYMENT BONDS

Performance and Payment bonds will be required within 10 business days after award of each individual task order.

See clause 52.228-15, PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION.

3. AMENDMENTS PRIOR TO DATE SET FOR PROPOSAL.

The right is reserved, as the interest of the Government may require, to revise or amend the specifications and/or drawings prior to the date set for proposal. Such revisions or amendments, if any, will be provided by amendment or amendments to this Invitation for Bid. If the revision or amendments are of a nature which require material changes in quantities or prices or both, the due date set for bid may be extended. In such case, the amendments will include the new due date for bid submission.

4. BUSINESS INTEGRITY

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

5. CONDITIONS AFFECTING THE WORK

mailto:angie.l.grimes@usace,army.mil

The offeror should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve offeror from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications, or related documents. While there will be no official Site Visit for this Solicitation of Contract, the location of this work is public space and can be visited, if desired.

6. OFFEROR QUALIFICATIONS

A determination of contractor responsibility will be made. A determination of non-responsibility may be cause for the rejection of a prospective contractor’s offer. In accordance with FAR 9.104-1, General Standards, before an offer is considered for award, the offeror shall be requested by the Government to submit a statement regarding their previous experience in performing comparable work, their business and technical organization, financial resources, the plant available to be used in performing the work and/or other information necessary to make the determination of contractor responsibility.

7. SITE OF THE WORK

The offeror is advised that for the purpose of applicability of the Davis-Bacon Act and other contract labor standard provisions, “the site of the work” under the contract to be awarded pursuant to this solicitation may not be limited to the physical place(s) where the construction called for in the contract will remain when work on it has been completed. The “site of work” may include other adjacent or nearby property used by the Contractor or Subcontractors during such construction. For example, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., will be considered part of the site of the work provided they are dedicated exclusively or nearly so to performance on the contract and are so located in proximity to the actual construction location that it would be reasonable to include them.

8. INFORMATION REGARDING OFFER MATERIAL, AND BONDS

a. Specifications, Plans, Bid Schedule, Pre-award Information/Description of Work/Offer Evaluation, Construction Contract Clauses, and Wage Determination Decisions of the Secretary of Labor are parts of this solicitation.

b. (1) An offeror electing to use individual sureties for performance and payment bonds must submit, concurrently with the bonds and required affidavits, a statement of both the business and personal names of the persons and/or brokerages firms through whom the bonds were obtained, together with the address and telephone number of the persons and/or brokerage firms.

(2) Offerors should note that some individual sureties and brokers of individual sureties have been debarred or suspended from offering themselves or others as sureties to the Government. Offerors are responsible for ascertaining the current status of their sureties and brokers.

9. EVALUTION OF CONTRACTOR PERFORMANCE

In accordance with the provisions of FAR Subpart 36.201, Evaluation of Contractor Performance, Construction contractors’ performance shall be evaluated throughout the performance of the contract. USACE follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this requirement.

10. DEFINITIONS

(a) “Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

Section 00 10 00 - Solicitation

BIDDING SCHEDULE

Item Estimated Unit Estimated No. Description Quantity Unit Price Amount

BASE BID ITEMS

Mobilization and Demobilization 1 JB _ ___ ________

0002 Bonds 1 JB _ ___ ________

Tainter Gate Support Method During Repairs, Structural Repairs of Tainter Gate 1

1 JB _ ___ ________

Blasting and Painting of Tainter Gate 1, Blasting and Painting of Tainter Gate 1 Trunnion Girder Anchor Plates, Skin Plate Replacement, Vertical Ribs Replacement, Structural Bracing Members Replacement, Galvanic Anode Replacement, and Side Seal Replacement

OPTIONAL BID ITEMS

Option 1

Tainter Gate Support Method During Repairs, Structural Repairs of Tainter Gate 2

Tainter Gate 2, Blasting and Painting of Tainter Gate 2 Trunnion Girder Anchor Plates, Skin Plate Replacement, Vertical Ribs Replacement, Structural Bracing Members Replacement, Galvanic Anode Replacement, and Side Seal

Option 2

Remove existing stainless steel rub plates, end vertical ribs, cable hitch pin plates, top of gate cable guide plates, and disassemble wire rope gate connections of Tainter Gate

1 JB _ ___ ________

Install new carbon steel rub plates, end vertical ribs, cable hitch pin plates, top of gate cable guide plates, wire rope connection components, and tension wire ropes of Tainter Gate 1

Option 3

Remove existing stainless steel rub plates, end vertical ribs, cable hitch pin plates, top of gate cable guide plates, and disassemble wire rope gate connections of Tainter Gate

Install new carbon steel rub plates, end vertical ribs, cable hitch pin plates, top of gate cable guide plates, wire rope connection components, and tension wire ropes of Tainter Gate 2

Option 4

0011 Structural Repairs of Upstream Monorail 1 JB _ ___ ________

Upstream Monorail, Walkway, Handrails, Connections to the Crane Girder and Connections to the Crane Girder Support

Option 5

Structural Repairs of Downstream Monorail and Replacement of Handrails on the Downstream Monorail

Downstream Monorail, Walkway and Handrails

Bridge Crane Girders and Girder Supports

Option 6

Upstream Tainter Gate Bulkheads, and Seal

ABBREVIATIONS

JB Job

GRAND TOTAL _ ___ ________

W912P923B0005

BIDDING SCHEDULE NOTES

1. All quantities shown on the BIDDING SCHEDULE are estimated quantities except when the unit is shown as job "JB".

2. When bids are solicited on a unit price basis, bidders shall insert in the spaces provided therefore in the SCHEDULE both the "unit price" and the "estimated amount" resulting from applying the said unit price to the estimated quantity shown. In event the bidder quotes only a total price ("estimated amount") in its bid and fails to quote the unit price, the Government will determine such unit price by dividing the total price quoted by the quantity of the item set out in the SCHEDULE. The bidder agrees that the unit price so determined shall be used for the purpose of bid evaluation, award and all payments to the Contractor including final payment.

3. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid and the extension will be corrected accordingly.

4. If a modification to a bid based on unit prices is submitted, which provides for a total adjustment to the total estimated cost, the application of the total adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the total adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

5. Bidders are required to bid on all items listed on the Bidding Schedule in addition to inserting a total quoted bid in the appropriate space provided. Failure to do so will be considered good cause to disqualify the bid.

6. Optional Bid Items

Bid Item Nos. 0005 thru 0016 are OPTIONAL ITEMS. Upon the review of inspection at the site, the Contracting Officer, in accordance with the specifications and drawings, will direct the optional bid item work as needed. The Contractor shall perform the appropriate work only when directed by the Contracting Officer. The Government is not obligated to request any work under any optional item(s). The bid prices for each optional item shall represent your firm price to perform that service. Payment will be made only for work actually requested and performed to the Government’s satisfaction.

The Contracting Officer has 365 calendar days from award to exercise the optional items.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A N/A 0003 N/A N/A N/A Government 0004 N/A N/A N/A N/A 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government 0011 N/A N/A N/A Government 0012 N/A N/A N/A Government 0013 N/A N/A N/A Government 0014 N/A N/A N/A Government 0015 N/A N/A N/A Government 0016 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

0011 N/A N/A N/A N/A

0012 N/A N/A N/A N/A

0013 N/A N/A N/A N/A

0014 N/A N/A N/A N/A

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

0016 N/A N/A N/A N/A

VETERANS EMPLOYMENT EMPHASIS

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

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

222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract.

While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

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

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

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

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

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

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

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

(End of special contract requirement) https://www.dol.gov/vets/ https://www.fedshirevets.gov/ https://www.benefits.va.gov/vow/ https://wct.army.mil/modules/employers/index.html https://www.uschamberfoundation.org/hiring-our-heroes

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Mobilization and Demobilization

FFP

FOB: Destination

NET AMT

Bonds

FFP

Tainter Gate Support Method Gate 1

FFP

Tainter Gate Support Method During Repairs, Structural Repairs of Tainter Gate 1

Blasting and Painting of Tainter Gate 1

FFP

Blasting and Painting of Tainter Gate 1, Blasting and Painting of Tainter Gate 1 Trunnion Girder Anchor Plates, Skin Plate Replacement, Vertical Ribs Replacement, Structural Bracing Members Replacement, Galvanic Anode Replacement, and Side Seal Replacement

Option 1 - Tainter Gate Support Method

FFP

Tainter Gate Support Method During Repairs, Structural Repairs of Tainter Gate 2

Option 1 - Blasting and Painting Gate 2

FFP

Blasting and Painting of Tainter Gate 2, Blasting and Painting of Tainter Gate 2 Trunnion Girder Anchor Plates, Skin Plate Replacement, Vertical Ribs Replacement, Structural Bracing Members Replacement, Galvanic Anode Replacement, and Side Seal Replacement

Option 2 - Remove existing plates Gate 1

FFP

Remove existing stainless steel rub plates, end vertical ribs, cable hitch pin plates, top of gate cable guide plates, and disassemble wire rope gate connections of Tainter Gate 1

Option 2 - Install new plates Gate 1

FFP

Install new carbon steel rub plates, end vertical ribs, cable hitch pin plates, top of gate cable guide plates, wire rope connection components, and tension wire ropes of Tainter Gate 1

Option 3 - Remove existing plates Gate 2

FFP

Remove existing stainless steel rub plates, end vertical ribs, cable hitch pin plates, top of gate cable guide plates, and disassemble wire rope gate connections of Tainter Gate 2

Option 3 - Install new plates Gate 2

FFP

Install new carbon steel rub plates, end vertical ribs, cable hitch pin plates, top of gate cable guide plates, wire rope connection components, and tension wire ropes of Tainter Gate 2

Option 4 - Structural Repairs Monorail

FFP

Structural Repairs of Upstream Monorail

Option 4 - Blasting Upstream Monorai

FFP

Blasting and Painting of Upstream Monorail, Walkway, Handrails, Connections to the Crane Girder and Connections to the Crane Girder Support

Option 5 - Structural Repairs Monorail

FFP

Structural Repairs of Downstream Monorail and Replacement of Handrails on the Downstream Monorail

Option 5 - Blasting Downstream Monorail

FFP

Blasting and Painting of Downstream Monorail, Walkway and Handrails

Option 5 - Blasting Bridge Crane Girders

FFP

Blasting and Painting of Bridge Crane Girders and Girder Supports

Option 6 - Blasting Upstream Gate

FFP

Blasting and Painting of Upstream Tainter Gate Bulkheads, and Seal Replacement

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.223-1 Biobased Product Certification MAY 2012 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to--

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

[Contracting Officer check as appropriate.]

X By the end of the base term of the contract and then by the end of each subsequent option period; or

___ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph

(e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

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

11.4% 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 Modoc, IL Randolph County

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, 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.

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

US Army Corps of Engineers – St. Louis District Attn: Contracting Division, Betty Foster 1222 Spruce Street St. Louis, MO 63103

Postal service and physical drop off protests are allowed, however, with increase in telework schedules, electronic protests are preferred. Please submit your protests to Contracting Officer, Betty Foster, via email at betty.a.foster@usace.army.mil.

(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) – ALTERNATE I (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) An organized site visit has been scheduled for--

February 17, 2023 at 10AM Central Standard

(c) Participants will meet at-- Location: Jerry F Costello Lock and Dam Visitor Center 4800 Lock and Dam Road

MODOC, IL 62261

POC for Directions

Travis Little 618-284-7160

POC for Prebid Site Visit Jacob Lewis Jacob.Lewis@usace.army.mil Ph: (618) 980-9971

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

mailto:betty.a.foster@usace.army.mil mailto:Jacob.Lewis@usace.army.mil

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):

www.acquisition.gov

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

Section 00 60 00 - Project Forms

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

JUN 2020

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.232-7015 Performance-Based Payments--Representation APR 2020

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

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

(2) The small business size standard is $39,500,000.

(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 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:

( ) 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 USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change https://www.sam.gov/

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

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting…