Spec_W912PL22B0001_Ventura Dredging_.pdf

IFB No: W912PL22B0001

U.S. ARMY CORPS OF ENGINEERS

LOS ANGELES DISTRICT

Ventura Harbor

Maintenance Dredging

Ventura County, California

Unrestricted

Construction Solicitation and Specifications

November 2021

Ventura Harbor Maintenance Dredging W912PL22B0001

Ventura County, CA

Table of Contents

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

SF-1442 Solicitation, Offer and Award

00 01 05 Certification Page

00 10 00 Bidding Schedule / Contract Line Item Number (CLIN)

00 20 00 Instructions for Procurement

00 21 13 Instructions to Bidders

00 45 00 Representations and Certifications

00 70 00 Conditions of the Contract

00 73 00 Supplementary Conditions

00 73 46 Wage Rates

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work

01 22 00 Price and Payment Procedures

01 32 01 Project Schedule

01 33 00 Submittal Procedures

01 33 00a Submittal Register

01 35 26 Governmental Safety Requirements

01 42 00 Sources for Reference Publications

01 45 00 Quality Control

01 45 01 Resident Management System Contractor Mode (RMS CM)

01 50 00 Temporary Construction Facilities and Controls

01 57 19 Temporary Environmental Controls

01 78 00 Closeout Submittals

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 Dredging

35 20 23a Sediment Logs – June 2018

35 20 26 National Dredging Quality Management Program – Pipeline Hydraulic

Dredge

-- End of Project Table of Contents --

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)

W912PL-22-B-0001 x 10 Nov 2021 1 OF 2

USACE, Los Angeles District Attn: Contracting Division CESPL-CT-W 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017-3401

Refer to Section 00 21 13:

Instructions For Submitting Electronic Bids.

Pat Bonilla 213-452-3255

Ventura Harbor Maintenance Dredging, Ventura County, California

Project consists of annual maintenance dredging of the federal navigation channel and sand traps of Ventura Harbor, and placement of the materials onto the beach. Amount of dredge material can vary from dredge cycle to dredge cycle.

Magnitude of the Proposed Project: $10,000,000 to $20,000,000. This procurement will be conducted under FAR Part 14 Sealed Bidding, FSC CODE: Y1KF Dredging, NAICS Code: 237990 Other Heavy and Civil Engineering Construction. The size standard for NAICS code 237990 Dredging is $27,500,000.

This solicitation is Unrestricted. All responsive and responsible parties are invited to submit a bid.

BIDDERS PLEASE NOTE: This project may be delayed, cancelled or revised at any time prior to award.”

10 see 007300

X X *Section 00 73 00

X 10

0 1:00 PM

10 December 2021

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 Section 00 10 00 Solicitation Contract Line Item Number (CLIN) Schedule

USACE Los Angeles District Los Angeles Project office 645 N. Durfee Avenue South El Monte, CA 91733

USACE, Finance Center

ATTN: CEFCO-AO-D

5722 Integrity Drive Millington, TN 38054-5005

Ventura Harbor Maintenance Dredging W912PL-22-B-0001

00 01 05 - 1

00 01 05 Certification Page

CERTIFICATE OF OFFEROR’S PRINCIPAL

1) IF THE OFFEROR IS PARTNERSHIP OR JOINT VENTURE, LIST FULL NAME OF ALL PARTNERS/ JOINT

VENTURERS (Add addendum as necessary):

(Company Name) (Signature) (Title)

2) 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 SF 1442; that ________________________________, who signed the SF 1442 at Block 20B on behalf of the principal, was the _________________________________________of the corporation; that I know the individual’s signature and that his/her signature is genuine; and that said Offer was duly signed, sealed and attested for on behalf of said corporation by authority of its governing body.

CORPORATE SEAL ______________________________________________

CORPORATE PRINCIPAL

SECRETARY

3) IF THE OFFEROR IS A LIMITED LIABILITY COMPANY/PARTNERSHIP, LIST FULL NAME OF ALL

MANAGERS BELOW (Add addendum as necessary). SIGNATURES BY ALL MANAGERS HERE SIGNIFY THAT

THAT THE INDIVIDUAL WHO SIGNED THE OFFER IN BLOCK 20B OF THE SF 1442 HAS THE AUTHORITY TO

BIND THE LIMITED LIABILITY COMPANY/PARTNERSHIP.

(Officer’s Name) (Signature) (Title)

Ventura Harbor Maintenance Dredging W912PL-22-B-0001

00 10 00 - 1

BIDDING SCHEDULE / Contract Line Item Number (CLIN)

Item Estimated

No. Description Quantity Unit Unit Price Amount

1. Mobilization and Demobilization, 1st Cycle 1 Job Lump Sum $___________

2. Dredging, First Cycle - All Areas

2A. First 300,000 yd³ 300,000 Cubic Yards $__________ $___________

2B. Over 300,000 yd³ 50,000 Cubic Yards $__________ $___________

TOTAL BASE BID AMOUNT $_______________

OPTION ITEMS

OPTION 2nd Cycle Dredging

3. Mobilization and Demobilization, 2nd Cycle 1 Job Lump Sum $_____________

4. Dredging, 2nd Cycle – All Areas

4A. First 300,000 yd³ 300,000 Cubic Yards $__________ $_____________

4B. Over 300,000 yd³ 50,000 Cubic Yards $__________ $_____________

OPTION 2nd Cycle Dredging - TOTAL ESTIMATED AMOUNT $ _________________

OPTION 3rd Cycle Dredging

5. Mobilization and Demobilization, 3rd Cycle 1 Job Lump Sum $_____________

6. Dredging, 3rd Cycle – All Areas

6A. First 300,000 yd³ 300,000 Cubic Yards $__________ $_____________

6B. Over 300,000 yd³ 50,000 Cubic Yards $__________ $_____________

OPTION 3rd Cycle Dredging - TOTAL ESTIMATED AMOUNT $ ________________

TOTAL ESTIMATED AMOUNT OF BASE BID PLUS ALL OPTIONS $ __________________

00 20 00 - 1

Section 00 20 00 Instructions for Procurement

NOTES FOR SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

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 the following:

(1) Furnishing all plant, labor, equipment, appliances, and materials required for performing the work.

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

b. 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 “nonresponsive.”

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.

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

00 20 00 - 2

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--

00 21 13 - 1

Section 00 21 13 - Instructions to Bidders

Table of Contents Section 00 21 13 - Instructions to Bidders

52.0000-4010 INQUIRIES

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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

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

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

2021)

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)

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

FORMAT AND CONTENT OF ELECTRONIC BIDS (APR 2020)

VIRTUAL BID OPENING PROCEDURES AND INSTRUCTIONS FOR BIDDER’S PARTICIPATON IN THE

VIRTUAL BID OPENING (APR 2020)

INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

RECEIPT OF SUBMISSIONS:

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)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS. (JULY 1990)

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

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

52.228-1 BID GUARANTEE (SEP 1996)

52.233-2 SERVICE OF PROTEST (SEP 2006)

00 21 13 - 2

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

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls (OCT 2016)

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

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

5152.211-9000 EVALUATION OF SUBLINE ITEMS (DEC 2019)

APPARENT CLERICAL MISTAKES

CONTRACTOR RESPONSIBILITY, PRE-AWARD SURVEY

SUB CONTRACTING PLAN REQUIREMENT – FOR LARGE BUSINESS CONCERNS ONLY

BID EXPENSE AND PRE-AWARD COST

00 21 13 - 3

Section 00 21 13 - Instructions to Bidders

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 www.projnet.org/projnet.

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

To access the Bid Inquiry system, go to the ProjNet web page and click on the “QUICK ADD” menu in the upper right corner of the screen. You will now be prompted for the following:

Managing Agency - USACE

Email address

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

Click on “Sign In”

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)

For additional guidance, see the attached 1-page pdf file for accessing the Bid Inquiry system.

B. From this page, you may view all bidder inquiries or add 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 the technical team.

D. The Solicitation Number is: W912PL22B0001

The Bidder Inquiry Key is 2Y7YQP - 3F7366

2. The Bidder Inquiry System will be unavailable for new inquiries 5 business days prior to bid/proposal submission in order to ensure adequate time 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 Call Center is 800-428-HELP.

NOTE: 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 http://www.projnet.org/projnet

00 21 13 - 4 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 statement)

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

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and

Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) No organized site visit is scheduled for this project.

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 http://www.sam.gov/

00 21 13 - 5 applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

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

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

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

(End of Provision)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

(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 by unique location; 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 Bidder shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its bid. The CAGE code must be for that name and location address. Insert the word "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 http://www.sam.gov/ https://www.sam.gov/ http://www.sam.gov/

00 21 13 - 6

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 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 Federal Acquisition

Regulation (FAR) 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.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the bid. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of Provision)

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

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JUL 2021)

(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/).

(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.

https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/ https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ https://assist.dla.mil/wizard/index.cfm

00 21 13 - 7

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.

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 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.]

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

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(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

FORMAT AND CONTENT OF ELECTRONIC BIDS (APR 2020)

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

SUBMIT YOUR BID ELECTRONICALLY AS INSTRUCTED IN THIS SECTION, REFERENCE SPECIAL

INSTRUCTIONS PERTAINING TO SUBMISSION OF ELECTRONIC BIDS

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 Stanislav Sekacov at

Stanislav.Y.Sekacov@usace.army.mil AND to Contracting Officer Patricia Bonilla at

Patricia.B.Bonilla@usace.army.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 stt1442 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. Acknowledgement of any and all amendments to the solicitation in accordance with the instructions of Standard Form 30 Amendment.

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

#4 CONTRACTOR REPONSIBILITY, PRE-AWARD SURVEY (Reference Section 00 21 13, page 21)

#5 SUB CONTRACTING PLAN REQUIREMENT – FOR LARGE BUSINESS CONCERNS ONLY

(Reference Section 00 21 13, page 21/22)

SUBMIT ITEMS # 1, 2 3, 4, AND 5 IN ADOBE PDF FORMAT ONLY.

mailto:Stanislav.Y.Sekacov@usace.army.mil mailto:Patricia.B.Bonilla@usace.army.mil.

VIRTUAL BID OPENING PROCEDURES AND INSTRUCTIONS FOR BIDDER’S PARTICIPATON

IN THE VIRTUAL BID OPENING (APR 2020)

The electronic bids for this project are due at the time and date specified in Section 13, Item A of the SF1442.

See Section 00 21 13, FAR 52.214-7, Late Submissions, Modifications, and Withdrawals of Bids, paragraph

(b)(1)(i)

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 at 2:00 PM local time on the bid due date.

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

Following the bid opening a copy of the bid abstract and any bid can be made available for public inspection by interested persons by emailing a copy of the abstract and requested bids to those who participated in the virtual bid opening. In addition, in accordance with established practices, the Abstract of Bids will be available at beta.sam.gov for all interested parties.

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

+1-844-800-2712 US Toll Free

Access code: 199 827 1077

(End of statement)

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 ONLY. You are limited to five (5) maximum files per upload (total size cannot exceed 8GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site.

REQUEST FOR UPLOAD CODE: Bidders must Contract Specialist Stanislav Sekacov at

Stanislav.Y.Sekacov@usace.army.mil AND to Contracting Officer Patricia Bonilla at

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 ONLY.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

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.

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

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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 Stanislav Sekacov at Stanislav.Y.Sekacov@usace.army.mil

AND to Contracting Officer Patricia Bonilla at Patricia.B.Bonilla@usace.army.mil. The E-Mail address of the

Government Employee who initiated the request code will be automatically entered. The Bidder must enter the E-

Mail address for both the Contracting Officer and Contract Specialist. The Bidder 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 bid 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 Bidder 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 8 GB 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.

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. Offerors are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided.

(End of statement)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder 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 before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

(End of provision)

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV

1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 1:00 p.m., local time, for the designated Government office on the date that bids are due.

00 21 13 - 10 mailto:Stanislav.Y.Sekacov@usace.army.mil

00 21 13 - 11

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the

Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent

Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the

IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

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52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than

English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

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. (JULY 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).

https://www.acquisition.gov/far/17.206#FAR_17_206

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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

24.6% 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

VENTURA COUNTY, CA

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52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act-- Construction Materials Under

Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the

Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, except foreign construction material from a designated country other than Bahrain,…