W912PL20B0012_Solicitation_Specifications.pdf

IFB NO. W912PL20B00012

U.S. ARMY CORPS

OF ENGINEERS

LOS ANGELES DISTRICT

Murrieta Creek – Phase 1 & Phase 2A Sediment Removal, Murrieta Creek, Riverside County, California

Invitation for Bid

Construction Solicitation and Specifications

Competitive 8(a)

AUGUST 2020

SOLICITATION

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION CALL

A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

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

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

12B. CALENDAR DAYS

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, 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 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

Designed using Perform Pro, WHS/DIOR, Oct 96

1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)

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

W912PL20B0012 08/10/2020 1 OF 2

USACE, Los Angeles District Contracting Division C/O Pat Bonilla 915 Wilshire Blvd, Suite 930 Los Angeles, CA 90017

See Item 7

Wendell L. Mendoza 213.452.3308

Removal of approximately 105,000 cy of sediment from the Murrieta Creek flood control channel.

A complete design (drawings and specifications) is included.

The magnitude of construction is $1,000,000.00 - $5,000,000.00.

10 75

X X *Section 00 73 00

X 10

1 1 PM

09 SEP 2020

x

OFFER (Must be fully completed by offeror)

STANDARD FORM 1442 BACK (REV. 4-85)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal or greater than the minimum requirement stated in 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

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

19. ACKNOWLEDGEMENT 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) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24.SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BYCODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to the issuing office.) Contractor agrees to furnish 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.

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.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

30B. SIGNATURE 30C. DATE

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

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

BY

DUNS NO.: TAX ID NO.:

CAGE CODE NO.:

( ) - ; FAX ( ) -

See Item 14

USACE, Los Angeles District Santa Ana Dams Resident Office 2493 Pomona-Rincon Road Corona, CA 92880-6982

USACE, Finance Center

ATTN: CEFCO-AO-D

5722 Integrity Drive Millington, TN 38054-5005

Murrieta Creek Project Phase I and Phase IIA, Sediment Removal W912PL20B0012 Riverside County, CA

00 01 05 - 1 10 August 2020 Solicitation

Section 00 01 05 Certification Page

CERTIFICATE OF CORPORATE PRINCIPAL

1) IF THE OFFEROR IS A JOINT VENTURE, COMPLETE THE FOLLOWING:

(Company Name) (Signature) (Title)

2) IF THE OFFEROR IS PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS:

3) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION SHOULD BE

COMPLETED:

CERTIFICATION AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation named as principal in the within contract; that , who signed the said contract on behalf of the principal, was the of the corporation; that I know his signature and that his signature is genuine; and that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

00 01 05 - 2 10 August 2020 Solicitation

252.219-7010 Notification of Competition Limited to Eligible 8(a)

Participants—Partnership Agreement.

As prescribed in 219.811-3(2), use the following clause:

Notification of Competition Limited to Eligible 8(a)

PARTICIPANTS—PARTNERSHIP agreement (OCT 2019)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in SBA s 8(a) Program and which meet the following criteria at the time of submission of offer:

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan.

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by SBA.

(3) If the competition is to be limited to 8(a) concerns within one or more specific SBA regions or districts, then the offeror s approved business plan is on the file and serviced by:

Orange County – Inland Empire District Office Los Angeles District Office San Diego District Office

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph

(a) of this clause.

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Unless SBA has waived the requirements of paragraphs (d)(1)(i) through (iii) and (d)(2) of this clause in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; for kit assemblers, see paragraph (d)(2) of this clause instead;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied;

and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) When the end item being acquired is a kit of supplies, at least 50 percent of the total cost of the components of the kit shall be manufactured, processed, or produced by small businesses in the United States or its outlying areas.

(3) The requirements of paragraphs (d)(1)(i) through (iii) and (d)(2) of this clause do not apply to construction or service contracts.

(e) The ___________________ [insert name of SBA's contractor] will notify the __________________ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

Murrieta Creek Project Phase I and Phase IIA, Sediment Removal

W912PL20B0012

00 01 05 00 01 10 00 10 00 00 20 00 00 21 13 00 21 16 00 45 00

00 70 00 CONDITIONS OF THE CONTRACT

00 73 00 00 73 46

01 11 00 01 22 00 01 32 01 01 33 00 01 35 26 01 42 00 01 45 00 01 45 01

01 50 00 01 57 19 01 74 19

01 78 00

31 00 00 31 11 00

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

WAGE RATES

CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

CERTIFICATION PAGE

SF-1442

TABLE OF CONTENTS

INSTRUCTIONS FOR PROCUREMENT

INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO PROPOSERS

REPRESENTATIONS AND CERTIFICATIONS

SUPPLEMENTARY CONDITIONS

DIVISION 01 - GENERAL REQUIREMENTS

SUMMARY OF WORK

PRICE AND PAYMENT PROCEDURES

PROJECT SCHEDULE

SECTION 00 01 10

RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS

SUBMITTAL PROCEDURES

GOVERNMENTAL SAFETY REQUIREMENTS

SOURCES FOR REFERENCE PUBLICATIONS

QUALITY CONTROL

DIVISION 31 - EARTHWORK

EARTHWORK

CLEARING AND GRUBBING

TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

TEMPORARY ENVIRONMENTAL CONTROLS

CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

CLOSEOUT SUBMITTALS

10 August 2020

TABLE OF CONTENTS PAGE 1

Solicitation

SECTION 00 10 00 Page 1

SECTION

00 10 00

CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

CONTRACTOR TO FURNISH ALL PLANT, LABOR, MATERIAL, EQUIPMENT, ETC,

NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND

CONDITIONS SET FORTH IN THE CONTRACT TO INCLUDE ALL ATTACHMENTS

THERETO

Item Description Estimated Quantity Unit

Unit Price Amount

0001 Establish Haul Route 1 Job JA $ -

0002 Clear Site and Remove Obstructions

- Phase I and Phase IIA

1 Job JA $ -

0003 Excavation and Stockpile - Phase I 60,530 CY $0.00 $ -

0004 Stockpile Management – Phase I and Phase IIA

1 Job JA $ -

TOTAL ESTIMATED AMOUNT BASE BID: $ -

(Line Items 0001 through 0004)

SECTION 00 10 00 Page 2

Option Items

Item Description Estimated

Quantity Unit Unit

Price Amount

1001 Excavation and Stockpile - Phase IIA Station 59+00 to Station 80+00

19,700 CY $0.00 $ -

1002 Excavation and Stockpile - Phase IIA Station 80+00 to Station 101+00

16,500 CY $0.00 $ -

TOTAL ESTIMATED AMOUNT OF OPTION ITEMS: $____________

(Line Items 1001 through 1002)

TOTAL ESTIMATED AMOUNT OF BASE BID PLUS OPTION

ITEMS:

(Line Items 0001 through 1002)

SECTION 00 10 00 Page 3

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials;

and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications.

(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.

(End of provision)

ADDITIONAL BIDDER'S NOTES:

1. 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.

2. Prices must be submitted on all individual items of the Solicitation, Contract Line Item Number (CLIN) Schedule. Failure to do so may cause the bid to be determined “non-responsive.”

3. For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the Price Schedule as submitted by the bidder:

a. Obviously misplaced decimal points will be corrected;

b. In case of discrepancy between the unit price and the extended price, the unit price will govern;

c. Apparent errors in extensions of unit prices will be corrected;

d. Apparent errors in addition of lump sum and extended prices will be corrected.

4. The Contract Clause 52.232-27, "Prompt Payment for Construction Contracts" requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in a proper Notice of Assignment.

5. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Los Angeles District, Contracting within his authority, may take formal action on this contract when the Principal Contracting Officer is unavailable and the action needs to be taken.

SECTION 00 10 00 Page 4

6. Amounts and prices shall be indicated in either words or figures, NOT BOTH.

7. The bidder/offeror shall distribute indirect costs (overhead, profit, bond, etc) over all items in the Contract Line Item Number (CLIN) Schedule. The Government will review all submitted Solicitation, Contract Line Item Number (CLIN) Schedules for any unbalancing of the items. Any submitted Solicitation, Contract Line Item Number (CLIN) Schedule determined to be unbalanced may cause the bidder to be ineligible for award.

8. The bidder shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract in include all attachments thereto.

9. Some quantities are ESTIMATED, the bidders prices MUST BE FIRM.

10. Bidder is cautioned to check his Price Schedule carefully prior to submission. If the Price Schedule contains unit prices, they should be round off to the second decimal point only NOT EXTENDED FURTHER.

11. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause NO. 52.232-33 “Mandatory Information for Electronic Funds Transfer” located in Section 00 70 00 Conditions of the Contract.

12. Contractor is required to fill in Cage code, TIN and DUNS Number in Block No. 14 on Standard Form 1442, the Name and Address Block.

-END OF SECTION-

00 20 00 ‐ 1

Section 00 20 00 - Instructions for Procurement

Offeror’s Notes

1. Prices must be submitted on all individual items of the Solicitation, Contract Line Item Number (CLIN) Schedule, failure to do so may cause the proposal to be determined "unacceptable" and may be rejected.

2. The offeror shall distribute his indirect costs (overhead, profit, bond, etc.) over all the items in the Solicitation, Contract Line Item Number (CLIN) Schedule. The Government will review all submitted Solicitation, Contract Line Item Number (CLIN) Schedules for any unbalancing of the items. Any submitted Solicitation, Contract Line Item Number (CLIN) Schedule determined to be unbalanced may cause the proposal to be determined "unacceptable".

3. Payment will be made pursuant to FAR 52.232-5, “Payments under Fixed-Price Construction Contacts.”

4. Payment by Electronic Funds Transfer (ETF) is the mandatory method of payment.

5. The Offeror shall provide supplement cost data in sufficient detail to allow analysis of labor, materials, and all else necessary to perform all work in strict accordance with the terms and conditions set forth in the contract. The pricing proposal must provide a summary of total costs for each cost element (labor, equipment, materials, and subcontracts). The Offeror shall identify which items of cost are factual and which are judgmental. The Government request price competition on all trade work and other related services that will not be performed by the Offeror. If sub-contractor quotations or offers for lesser amounts than proposed were available, such quotations or offers should be identified with an explanation for selection of the larger cost element.

6. FAR Clause 52.236-3 “Site Investigation and Conditions Affecting the Work” and FAR Clause 52.236-27, “Site Visit (Construction)”, requires the prospective Offeror to take the necessary steps to ascertain the nature and location of the work associated with this action to include all general and local conditions which could affect the work or its costs. The Government will make available to the Contractor drawings, sketches, and other data which may provide information concerning the performance of the work; however, the Government assumes no responsibility for any conclusions or interpretations made by the prospective Offeror based on the information made available by the Government.

SECTION 00 21 13 Page 1

Section 00 21 13

Instructions to Bidders

Table of Contents

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)—ALTERNATE I (FEB 1995)

52.0000-4010 INQUIRIES

SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF ELECTRONIC BIDS (APR 2020)

INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

RECEIPT OF SUBMISSIONS:

FORMAT AND CONTENTS OF ELECTRONIC BID

VIRTUAL BID OPENING PROCEDURES AND INSTRUCTIONS FOR BIDDER’S PARTICIPATON

CONTRACTOR REPONSIBILITY, PRE-AWARD SURVEY

OFFEROR'S CHECKLIST

SECTION 00 21 13 Page 2

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) A site visit is scheduled for this project on Wednesday, August 19, 2020 at 10:00 am.

Location: Temecula Community Center – Parking Lot, 28816 Pujol St., Temecula, CA 92590.

(c) Offerors interested in attending the site visit should contact Derek.O.Walker@usace.army.mil or 213.452.3687 (office) or 213.300.8106 (cell). The e-mail or phone interest is to be received by Corps of Engineers personnel no later than 48 hours preceding the site visit. Include in the e-mail the person’s name, company name, and Driver License numbers of all people attending the Site Visit.

The e-mail shall include a day-time telephone number. If there are any changes to the site visit date or location, or if special procedures are to be implemented, people who have registered to attend the site visit will be informed. Following are the USACE e-mail addresses:

52.0000-4010 INQUIRIES

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders/offerors before submission of their bids/offers. Oral explanations or instructions given before award of a contract are not binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if lack of it would be prejudicial to other prospective bidders/offerors.

1. All inquiries relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet/

A. To submit and review bid inquiry items, offerors will need to be a current registered user, self register into the ProjNet system.

To access the Bid Inquiry system, go to the ProjNet web page and fill in:

- Managing Agency – USACE

- Email address

- Key Access (this is the Bidder Inquiry Key – see below for key)

- Click on “Sign In”

SECTION 00 21 13 Page 3

- You will be prompted for the answer to your secret question on the next screen

If this is your first time accessing ProjNet, you will be directed to a screen titled, “User account not found. Please create one using the form below.” Fill in the requested information (name, company, city, phone #, etc.).

B. From this page, you may view all bidder inquiries or add an inquiry. Please note:

Offerors shall only submit one question per inquiry. All inquiries containing multiple questions may be rejected.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is: W912PL-20-B-0012

The Bidder Inquiry Key is: CCKJGN-MMAYJN

2. The Bidder Inquiry System will be unavailable for new inquires up to 5 business days prior to bid/proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Offerors are requested to review the specifications in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the ProjNet Call Center is 800-428-HELP.

5. Responses on the Bidder Inquiry System do not revise, change, amend or supersede the provisions of the solicitation. Changes to the solicitation must be by written amendment thereto.

Any Bidder Inquiry System response that can be interpreted to be in conflict with the solicitation or amendment, shall be subordinate to the conflicting provision, term, and/or note, wherever it appears in the solicitation, until revised or altered by a written amendment to the solicitation.

Additionally, offerors may not anticipate a change to the solicitation until the change, revision, correction, or alteration of the solicitation is actually made, in writing and published as an amendment to the solicitation.

(End of Provision)

SECTION 00 21 13 Page 4

SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF ELECTRONIC BIDS

(APR 2020)

The Bidder’s bid shall be submitted electronically, as described below. The IFB will provide the Government address and receipt date for bid submittal. The Bidder’s bid shall not contain classified data. The use of hyperlinks in bids is prohibited.

NOTE: The only authorized transmission method for bids in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS

(EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Bidder’s bid must be received by the Government by the date/time specified in the solicitation. Bidders shall email their bid using the following link: https://safe.apps.mil/

Please send bids using the link above to

Contract Specialist Wendell.L.Mendoza@usace.army.mil AND to Contracting Officer Patricia.B.Bonilla@usacearmy.mil .

INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:

In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the SAFE site. Submission shall be in Adobe PDF format. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Bidders may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

REQUEST FOR UPLOAD CODE: Bidders must email Contract Specialist Wendell.L.Mendoza@usace.army.mil and to Contracting Officer Patricia.B.Bonilla@usace.army.mil no later than five (5) working days prior to the bid due date to receive a request code which will allow for file uploads via the SAFE site. Bidders who fail to email for request a code five (5) working days before bid submission date may not be able to receive a request code in time to upload their submission.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.

SECTION 00 21 13 Page 5

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

1. Once at the SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

2. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

3. When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer. The Contract Specialist for this solicitation is Wendell.L.Mendoza@usace.army.mil and the Contracting Officer is Patricia.B.Bonilla@usace.army.mil . The E-Mail address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the E-Mail address for both the Contracting Officer and Specialist. The Proposer can enter an additional E- Mail address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts. Even if you successfully upload your bid to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Proposer can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Bidders will have more success utilizing any particular browser.

RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether a bid submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For bids larger than the 2GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

SECTION 00 21 13 Page 6

The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive bids. Bidders are responsible for ensuring that bids are submitted so as to reach the designated recipient. Bidders are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided.

(End of statement)

FORMAT AND CONTENTS OF ELECTRONIC BID

The only authorized transmission method for bids in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Bidder’s bid must be received by the Government by the date/time specified in the solicitation. Bidders shall email their bid using the following link: https://safe.apps.mil/

The bid shall be organized as indicated below, and shall be comprised of the following items:

#1 A completed SF 1442, “Solicitation, Offer and Award” including the Certifications, Section 00 01 05. The SF 1442 and the Certifications shall be completed by the bidder and duly executed with an original signature by an official authorized to bind the company in accordance with instructions at FAR 4.102.

#2 Section 00 10 00, Solicitation, Contract Line Item Number (CLIN) Schedule. The complete Solicitation, Contract Line Item Number (CLIN) Schedule with the bidder’s proposed contract line item prices inserted in the appropriate spaces. Prices must be proposed for all contract line items and prices sub-line items, if any. Unit prices are to be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off to the nearest dollar. Check your pricing submissions very carefully for mathematical and clerical errors prior to submission.

#3 Official Online System for Award Management Representations & Certifications or completed Section 00 45 00.

#4 A Bid Guarantee, Standard Form 24, “Bid Bond.”

SECTION 00 21 13 Page 7

VIRTUAL BID OPENING PROCEDURES AND INSTRUCTIONS FOR BIDDER’S

PARTICIPATON

a. The electronic bids for this project are due on the date and time as specified on the SF 1442, block 13.

b. In order to allow the bid opening officer sufficient time to download the bids after bids are due, the virtual bid opening will be held one hour after the time bids are due.

c. At the bid opening teleconference, bids and the Independent Government Estimate will be read aloud, just as in a traditional bid opening.

d. The Abstract of Bids will be posted to beta.SAM.gov as soon as practicable, typically within 24 hours of bid opening.

e. To participate in the Virtual Bid Opening, the following information is provided:

Call-in toll-free number (ATT Audio Conference): 1-877.873.8018

Access Code: 533 383 1

Security code is 1111

CONTRACTOR REPONSIBILITY, PRE-AWARD SURVEY

In accordance with FAR 9.103(a)…”contracts shall be awarded to responsible, prospective contractors only.” In order to determine a contractor’s responsibility for purposes of contract award in accordance with FAR Part 9, a statement regarding previous experience in performing comparable work, and/or plant to be used in performing the work is required. After the bid opening, the Government will request this information and set a due date for its submission.

SECTION 00 21 13 Page 8

OFFEROR'S CHECKLIST

All information required by the terms of the Solicitation must be furnished. MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below. This checklist is furnished only to assist you in submitting a complete Bid. Check as you read.

[ ] Have you acknowledged all amendments?

[ ] Is your SF-1442, Certificate of Corporate Principal and CLIN Schedule (Section 00 10 00), properly completed and signed?

[ ] Is a bid bond included with your bid? (A late bid bond is treated the same as a late bid.)

[ ] Is your bid bond in the proper amount? (20% of total bid price or $3,000,000 whichever is less)

[ ] Is the bond properly signed by both the Offeror and Surety and are all required seals affixed?

[ ] Is the name in which you submitted the bid the same on your bid as on your bid bond?

[ ] Are all erasures or corrections initialed by the person signing the bid?

[ ] Have you restricted your bid by altering the provisions of the solicitation?

[ ] Have you completed the Representations, Certifications, and Other Statements of Bidders/Offerors (Section 00 45 00) or copy of your ORCA.

[ ] Will your bid arrive on time? Late bids or modifications will be handled in accordance with 52.214-7 Late Submissions, Modifications and Withdrawals of Bids

End of Section

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Section 00 21 16 ‐ Instructions to Proposers

52.204‐7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.211‐1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101‐29 (AUG 1998)

52.211‐2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN

THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR

2014)

52.211‐6 BRAND NAME OR EQUAL (AUG 1999)

52.211‐14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

52.215‐20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN CERTIFIED

COST OR PRICING DATA (OCT 2010)

52.216‐1 TYPE OF CONTRACT (APR 1984)

52.217‐5 EVALUATION OF OPTIONS (JUL 1990)

52.222‐23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.225‐10 NOTICE OF BUY AMERICAN REQUIREMENT‐‐CONSTRUCTION MATERIALS (MAY 2014)

52.233‐2 SERVICE OF PROTEST (SEP 2006)

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

CONTRACTOR REPONSIBILITY, PRE‐AWARD SURVEY

PROPOSAL EXPENSE AND PRE‐AWARD COST

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Section 00 21 16 ‐ Instructions to Proposers

52.204‐7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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

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

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

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

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

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

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

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

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

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

(1) Company legal business name.

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

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

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

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(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

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

52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ``CAGE'' before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at

00 21 16 - 4 https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

52.211‐1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101‐

29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision.

Additional copies will be issued for a fee.

52.211‐2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (APR 2014)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/);

(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTdocs.com (http://assistdocs.com).

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(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

52.211‐6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

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52.211‐14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO 2 rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

52.215‐20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER

THAN CERTIFIED COST OR PRICING DATA (OCT 2010)

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

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(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

52.216‐1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

52.217‐5 EVALUATION OF OPTIONS (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 the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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

11.9% 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

00 21 16 - 8

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…