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J&N Pile Repair at South Wharf
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SOLICITATION W912PM-17-B-0008 – J & N PILE, DECK AND MISCELLANEOUS REPAIRS FOR THE SOUTH WHARF, MOTSU, SUNNY POINT, BRUNSWICK COUNTY, NORTH CAROLINA

THE MAGNITUTE OF CONSTRUCTION FOR THIS PROJECT IS BETWEEN $10,000,000.00 AND $25,000,000.

------------------- $100% SMALL BUSINESS SET-ASIDE ------------------------

RETURN SECTION 00 45 00 REPRESENTATIONS AND CERTIFICATIONS WITH BID. IF BID IS HAND-CARRIED, DELIVER TO 69 DARLINGTON

AVENUE, WILMINGTON, NC 28403, ATTN: TONJA DREKE, CONTRACT SPECIALIST (910) 251-4804, PRIOR TO THE TIME AND DATE SPECIFIED

BELOW FOR BID OPENING. DUE TO HEIGHTENED SECURITY CONDITIONS, ACCESS TO THE BUILDING IS CONTROLLED BY SECURITY

PERSONNEL. PERSONS HAND-DELIVERING BIDS SHOULD TAKE CARE TO ALLOW SUFFICIENT TIME TO PERMIT COMPLETION OF SECURITY

REQUIREMENTS AND DELIVERY OF THE BID TO THE DESIGNATED OFFICE PRIOR TO THE TIME SET FOR RECEIPT OF BIDS.

VERBAL AND WRITTEN REQUESTS FOR INFORMATION MUST BE DIRECTED TO THE PERSON LISTED IN ITEM 9 ABOVE. INQUIRIES AND

REQUESTS THAT ARE DIRECTED TO ANY OTHER PERSON MAY NOT BE RELAYED TO THE PROPER PERSON AND, THEREFORE, MAY NOT

BE ANSWERED. SEE 52.000-4011 IN SECTION 00 20 00. INQUIRIES ARE TO BE SUBMITTED VIA BIDDER INQUIRY AT THE PROJNET WEBSITE.

SEE INSTRUCTION WITHIN THIS SOLICITATION.

X

TONJA J DREKE 910-251-4804

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

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

NEGOTIATED

31-Jul-2017

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________1050 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 73 00

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________30 Aug 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U S ARMY CORPS OF ENGINEERS, WILMINGTON

WILMINGTON DISTRICT

ATTN: JOHN HILL

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

W912PM

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

910-251-4454FAX:TEL: 910-251-4451 TEL: FAX:

W912PM-17-B-0008 73

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912PM-17-B-0008

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

MOBILIZATON & DEMOBILIZATION

FOB: Destination

NET AMT

0002 13 Each

TYPE “N” PILE REPAIRS (NT2)

NORTH TRESTLE SECTION 2 (NT2) All work shall be performed in accordance with the attached plans and specifications. All quantities are estimated.

0003 1 Each

TYPE “N” STRUCTURAL PILE REPAIRS (NT2)

0004 2 Each

TYPE “J” PILE REPAIRS (NT2)

0005 30 Each

TYPE “N” PILE REPAIRS (NT1)

NORTH TRESTLE SECTION 1 (NT1) All work shall be performed in

0006 2 Each

TYPE “N” STRUCTURAL PILE REPAIRS (NT1)

0007 16 Each

TYPE “J” PILE REPAIRS (NT1)

0008 99 Each

TYPE “N” PILE REPAIRS (LCTS)

LEFT CURVE TRANSITION SECTION (LCTS) All work shall be performed in

0009 10 Each

TYPE “N” STRUCTURAL PILE REPAIRS (LCTS)

0010 28 Each

TYPE “J” PILE REPAIRS (LCTS)

0011 118 Each

TYPE “N” PILE REPAIRS (L3)

LEFT SECTION 3 (L3) All work shall be performed in accordance with the attached plans and specifications. All quantities are estimated.

0012 9 Each

TYPE “N” STRUCTURAL PILE REPAIRS (L3)

0013 17 Each

TYPE “J” PILE REPAIRS (L3)

0014 53 Each

TYPE “N” PILE REPAIRS (L2)

LEFT SECTION 2 (L2) All work shall be performed in accordance with the

0015 1 Each

TYPE "N" STRUCTURAL PILE REPAIRS (L2)

0016 37 Each

TYPE “J” PILE REPAIRS (L2)

0017 53 Each

TYPE “N” PILE REPAIRS (L1)

LEFT SECTION 1 (L1) All work shall be performed in accordance with the

0018 5 Each

TYPE “N” STRUCTURAL PILE REPAIRS (L1)

0019 39 Each

TYPE “J” PILE REPAIRS (L1)

0020 52 Each

TYPE “N” PILE REPAIRS (CTR)

CENTER SECTION (CTR) All work shall be performed in accordance with the

0021 7 Each

TYPE “N” STRUCTURAL PILE REPAIRS (CTR)

0022 33 Each

TYPE “J” PILE REPAIRS (CTR)

0023 38 Each

TYPE “N” PILE REPAIRS (R1)

RIGHT 1 SECTION (R1) All work shall be performed in accordance with the

0024 7 Each

TYPE “N” STRUCTURAL PILE REPAIRS (R1)

RIGHT SECTION 1 (R1) All work shall be performed in accordance with the

0025 76 Each

TYPE “J” PILE REPAIRS (R1)

RIGHT SECTION 1 (R1) All work shall be performed in accordance with the

0026 35 Each

TYPE “N” PILE REPAIRS (R2)

RIGHT SECTION 2 (R2). All work shall be performed in accordance with the

0027 2 Each

TYPE “N” STRUCTURAL PILE REPAIRS (R2)

RIGHT SECTION 2 (R2) All work shall be performed in accordance with the

0028 64 Each

TYPE “J” PILE REPAIRS (R2)

RIGHT SECTION 2 (R2) All work shall be performed in accordance with the

0029 10 Each

TYPE "N" PILE REPAIRS (R3)

RIGHT SECTION 3 (R3). All work shall be performed in accordance with the

0030 2 Each

TYPE “N” STRUCTURAL PILE REPAIRS (R3)

RIGHT SECTION 3 (R3). All work shall be performed in accordance with the

0031 48 Each

TYPE “J” PILE REPAIRS (R3)

RIGHT SECTION 3 (R3) All work shall be performed in accordance with the

0032 4 Each

TYPE “N” PILE REPAIRS (RCTS)

RIGHT CURVE TRANSITION SECTION (RCTS). All work shall be performed in accordance with the attached plans and specifications. All quantities are estimated.

0033 6 Each

TYPE "N" STRUCTURAL PILE REPAIRS (RCTS)

RIGHT CURVE TRANSITION SECTION (RCTS). All work shall be performed

0034 41 Each

TYPE “J” PILE REPAIRS (RCTS)

RIGHT CURVE TRANSITION SECTION (RCTS). All work shall be performed

0035 1 Each

TYPE "J" STRUCTURAL PILE REPAIRS (RCTS)RIGHT CURVE

TRANSITION SECTION (RCTS). All work shall be performed in accordance with the attached plans and specifications. All quantities are estimated.

0036 10 Each

TYPE "N" PILE REPAIRS (ST1)

SOUTH TRESTLE SECTION 1 (ST1). All work shall be performed in accordance with the plans and specifications. All quantities are estimated.

0037 6 Each

TYPE "N" STRUCTURAL PILE REPAIRS (ST1)

SOUTH TRESTLE SECTION 1 (ST1). All work shall be performed in accordance with the plans and specifications. All quantities are estimated.

0038 16 Each

TYPE “J” PILE REPAIRS (ST1)

SOUTH TRESTLE SECTION 1 (ST1) All work shall be performed in accordance

0039 6 Each

TYPE “N” PILE REPAIRS (ST2)

SOUTH TRESTLE SECTION 2 (ST2). All work shall be performed in

0040 2 Each

TYPE “N” STRUCTURAL PILE REPAIRS (ST2)

SOUTH TRESTLE SECTION 2 (ST2) All work shall be performed in accordance

0041 80 Square

Foot

UNDERDECK SPALLS (NT1 THRU NT2)

UNDERDECK SPALLS NORTH TRESTLE 1 THROUGH NORTH TRESTLE 2.

All work shall be performed in accordance with the attached plans and specifications. All quantities are estimated.

0042 900 Square

UNDERDECK SPALLS (RCTS THRU LCTS)

UNDERDECK SPALLS - RIGHT CURVE TRANSITION SECTION THROUGH

LEFT CURVE TRANSITION SECTION. All work shall be performed in

0043 100 Square

UNDERDECK SPALLS (ST1 THRU ST2)

UNDERDECK SPALLS - SOUTH TRESTLE 1 THROUGH SOUTH TRESTLE

2. All work shall be performed in accordance with the attached plans and specifications. All quantities are estimated.

0044 10 Days

STANDBY RATE

All quantities are estimated.

0045 1 Job

PERFORMANCE AND PAYMENT BONDS

0046 1 Job REMOVE SOUTH WHARF ABANDONED UTILITIESRemove all abandoned

Electrical and Sewer lines and related utility and support elements.

0047 1 Job REPAIR SOUTH WHARF UNDER WHARF UTILITIESRepair to broken or displaced electrical conduit, Repair broken potable water line hangers

Replace the missing potable water insulation, Repair the sanitary sewer hanger clamps.

0048 1 Job

REPAIR SOUTH WHARF ABOVE DECK COMPONENTSREPAIR SOUTH

WHARF ABOVE DECK COMPONENTS/MOORING AND BERTHING

COMPONENTS Replace the fastening hardware for bollards and cleats. Recoat both bollards and cleats with missing coating. Remove any bollards or cleats that are nor intended for use.

0049 1 Each

CMRA REPORTINGTHE CONTRACTOR SHALL REPORT ALL

CONTRACTOR MANPOWER REQUIRED FOR PERFORMANCE OF THIS

CONTRACT. PLEASE REFER TO THE CMR USERS GUIDE AT THE

WEBSITE PROVIDED IN THE PWS TO ASSESS THE LEVEL OF EFFORT

THAT WILL BE REQUIRED TO COMPLY WITH THIS REQUIREMENT.

INPUTS MAY BE REPORTED ANYTIME DURING THE FISCAL YEAR, ALL

DATA SHALL BE REPORTED NO LATER THAN OCTOBER 31 OF EACH

CALENDAR YEAR. INVOICING FOR THIS CLIN SHALL NOT BE

SUBMITTED FOR PAYMENT UNTIL COMPLETION OF REPORTING AS

INDICATED.

IF NO DIRECT COST IS ASSOCIATED WITH PROVIDING THE DATA,

ENTER “NO COST”.

0050 1 Job OPTION OPTIONAL BID ITEM GROUP NO. 1Exercise period 120 days - Extends contract performance by 550 Calendar days at Exercise - please see subclins for pile descriptions and quantities

005001 TYPE "N" PILE REPAIRS (L2)54 each

005002 TYPE "N" PILE REPAIRS (L1)72 each

005003 TYPE "N" PILE REPAIRS (CENTER)59 each

005004 TYPE "N" PILE REPAIRS (R1)68 each

005005 TYPE "N" PILE REPAIRS (R2)64 each

005006 TYPE "N" PILE REPAIRS (R3)99 each

005007 TYPE "N" PILE REPAIRS (RCTS)89 each

005008 TYPE "N" PILE REPAIRS(ST1)8 each

005009 TYPE "N" PILE REPAIRS (ST2)3 each

005010 PERFORMANCE AND PAYMENT BONDS1 job

0051 1 Job OPTION OPTIONAL BID ITEM GROUP NO. 2Exercise period 120 days - Extends contract performance by 120 Calendar days at Exercise - please see subclins for pile descriptions and quantities

005101 TYPE "N" PILE REPAIRS (NT2)1 each

005102 TYPE "N" PILE REPAIRS (LCTS)5 each

005103 TYPE "N" PILE REPAIRS (L3)12 each

005104 TYPE "N" PILE REPAIRS (L2)10 each

005105 TYPE "N" PILE REPAIRS (L1)11 each

005106 TYPE "N" PILE REPAIRS (CENTER)7 each

005107 TYPE "N" PILE REPAIRS (R1)16 each

005108 TYPE "N" PILE REPAIRS (R2)13 each

005109 TYPE "N" PILE REPAIRS (RCTS)14 each

005110 TYPE "N" PILE REPAIRS (ST1)1 each

005111 TYPE "N" PILE REPAIRS (ST2)1 each

005112 PERFORMANCE AND PAYMENT BOND1 job

TOTAL BID AMOUNT

TOTAL BASE BID (CLINS 0001-0049) __________________

TOTAL OPTION GROUP 1 (CLINS 0050AA-0050AK) __________________

TOTAL OPTION GROUP 2 (CLINS 0051AA-0051AM) __________________

TOTAL BASE BID PLUS OPTIONS (CLINS 0001 – 0051AM) __________________

(End of Totals)

NOTICE TO BIDDERS

NOTE ONE:

FOR OPTIONAL BID GROUP 1, THE EXERCISE PERIOD IS 120 DAYS. THE CONTRACT

PERFORMANCE WILL EXTEND BY 550 CALENDAR DAYS.

(END NOTE ONE)

NOTE TWO:

FOR OPTIONAL BID GROUP 2, THE EXERCISE PERIOD IS 120 DAYS. THE CONTRACT

PERFORMANCE WILL EXTEND BY 120 CALENDAR DAYS.

(END NOTE TWO).

PROJECT DESCRIPTION

PROJECT DESCRIPTION

The work consists of repairs to piles and underdeck at the MOTSU South Wharf. The work includes: Type “N” pile repairs, Type “N” structural pile repairs, Type “J” pile repairs, and Type “J” structural pile repairs from Wharf

Section ST2 to Wharf Section NT1. The pile repair work includes surface preparation, legal disposal of concrete and other miscellaneous debris at a site off of MOTSU, installation of epoxy coated reinforcing bars, and marine concrete installation of epoxy coated reinforcing bars, and marine concrete, and installation of new cathodic protection pile jackets.

The under deck spall repair work includes surface preparation, legal disposal of concrete and other miscellaneous debris at a site off of MOTSU, and installation of coating and concrete cover.

The work also includes the preparation of a diving safety plan for both inspection and repair work in accordance with USACE Safety and Health Requirements Manual EM385-1-1. Inspection, both above and below water, from river bottom to underside of concrete deck, of all original octagonal concrete piles and underside of original concrete deck from the shore abutment of Wharf Section ST2 to the shore abutment of Wharf Section NT1.

The implementation of environmental protection and erosion control measures is also required.

(End of Project Description)

Section 00 21 00 - Instructions

HAND CARRIED BIDS/PROPOSALS

1. If bids/proposals are handcarried, deliver them to the U. S. Army Corps of Engineers, Wilmington District, Attn: Contracting, 69 Darlington Avenue, Wilmington, North Carolina, 28403, ATTN: Tonja J. Dreke, Contract Specialist. All bids/proposals must be received in the Contracting Office not later than the exact time specified for bid opening or time specified for receipt of proposals.

2. Due to security measures at the Wilmington District Office, you should allow sufficient time for delivery of the bid/proposal to ensure it is received timely.

(End)

INFORMATION TO CONTRACTORS

System for Award Management (SAM) and Electronic Funds Transfer (EFT)

1. All contractors must register in the System for Award Management (SAM) database before they can be awarded a contract. You may register at http://www.sam.gov. SAM information or help is also available by calling 866-606-8220.

2. Public Law 104-134 requires the use of Electronic Funds Transfer (EFT) for all Federal payments. EFT information will be pulled from your SAM by the USACE FINANCE CENTER, 5720 INTEGRITY

DRIVE, MILLINGTON, TN 38054-5005 for contractor payments.

(End of Local Instruction)

PRE-AWARD INFORMATION

1. Contracts shall be awarded to responsible prospective contractors only. Before award, to be determined responsible, a prospective contractor must:

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

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

c. Have a satisfactory performance record;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2. Each Bidder shall, upon request of the Contracting Officer, furnish information on any or all of the above areas so that the Contracting Officer can make an affirmative determination of responsibility or nonresponsibility.

(End of Paragraph) http://www.sam.gov/

SOLICITATION /TECHNICAL

Solicitation/Technical Inquiries via ProjNet

1. Solicitation/Technical Inquiries.

a. Inquiries are to be submitted via Bidder Inquiry at the ProjNet website at https://www.projnet.org

<https://www.projnet.org> .

b. If you have technical problems accessing the Bidder Inquiry via the ProjNet website, contact the ProjNet Help Desk at

1-800-428-4357 (HELP). This number is for technical issues accessing the website ONLY.

2. Read this paragraph in conjunction with contract provision FAR 52.214-6, “Explanation to Prospective Bidders”.

3. Any prospective bidder/offeror desiring an explanation or interpretation of the solicitation, drawings specifications, etc., must request it in writing via Bidder Inquiry in ProjNet within no less than ten (10) calendar days prior to the date of bid opening or receipt of proposals. The Government reserves the right to decline addressing questions received less than ten

(10) calendar days prior to receipt of bid opening or receipt of proposals.

4. No Inquiries will be accepted by the Bidder Inquiry system within ten (10) calendar days prior to the date of bid opening. However, you may still access the Bidder Inquiry system to view answers/replies to previous inquiries until the bid opening.

5.ProjNet - Bidder Inquiry module.

a. To submit and review bid inquiry items, bidders/offerors will need to be a current registered user or self-register into system. To access Bidder Inquiry, go to the ProjNet web page at http://www.projnet.org <http://www.projnet.org> and click the “Quick Add” link. Once at the Quick Add screen, select agency USACE, enter Bidder Inquiry Key for this solicitation listed below, and bidder’s/offeror’s e-mail address, then click login. If this is bidder’s/offeror’s first time logging in they will be taken to the Bidder Inquiry Create Account screen to self-register. Fill in all required information and click create user. Verify that information on next screen is correct and click continue. Please remember your Secret

Question Answer and email address used for future access to this website.

b. From this page you may view all bidder/offeror inquiries under Reports or post a new inquiry under Submit.

c. Bidders/Offerors will receive an acknowledgement of their question via email, followed by another email notification that an answer to their question has been posted after it has been reviewed by our technical team and responded to by a

Contracting Officer. It is the responsibility of the Bidder/Offeror to check their junk email and email delivery options to ensure delivery of these acknowledgement emails.

d. Bidders/Offerors are responsible for checking bid inquiry items.

e. Bidders/Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The name of the submitter or firm is not published for the public on the report of all Bidder Inquiries. Bidders/ Offerors are on notice of, and assumed to be aware of, all inquiries, responses, and information posted in the Bidder Inquiry System up to the date of bid submission, whether the inquiry was generated by the Bidder themselves or another potential Bidder/ Offeror. Bidders are responsible for incorporating all such information into their bid, or for requesting further clarification."

6. Solicitation Information: IFB/RFP No: W912PM-17-B-0008

Bidder Inquiry Key: 99KGWU-I9EBW4

(end) https://www.projnet.org/ https://www.projnet.org/ http://www.projnet.org/ http://www.projnet.org/

CLAUSES INCORPORATED BY FULL TEXT

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

(End of provision)

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.214-3 Amendments To Invitations For Bids DEC 1989

52.214-4 False Statements In Bids APR 1984

52.214-6 Explanation To Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

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

52.232-18 Availability Of Funds APR 1984

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(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) database 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 the SAM database;

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

(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) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to 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 the SAM database.

(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) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--https://www.acquisition.gov/

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.214-5 SUBMISSION OF BIDS (DEC 2016)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

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.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED-PRICE contract resulting from this solicitation.

52.219-2 EQUAL LOW BIDS. (OCT 1995)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus area as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

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

20.7 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 BRUNSWICK

AND NEW HANOVER COUNTY, NORTH CAROLINA

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers, Attn: Contracting Division, 69 Darlington Avenue, Wilmington, NC 28403.

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

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

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

(b) An organized site visit has been scheduled for-- 15 August 2017 at 10:00 AM

POC: Rolando Serrano

Primary Phone (Cell): 910-617-1239

Office Phone: 910-251-4387

(c) Participants will meet at--

MOTSU Visitor’s Center

6280 Sunny Point Road

Southport, NC 28461

52.236-4011 Disclosure of Magnitude of Construction (FAR 36.204 and DFARS 236.204)

The estimated price range for this project is between

$10,000,000.00 and $25,000,000.00

(End of Provision) .

Section 00 45 00 - Representations and Certifications

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

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

(2) The small business size standard is $36,500,000.00.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

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

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

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

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

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal

Register advising the public of the termination of the injunction.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

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

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

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

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

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

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

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

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

52.225-5.

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

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

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

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

[Contracting Officer check as appropriate.]

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

X (ii) 52.204-20, Predecessor of Offeror.

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

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

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

Services--Certification.

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

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) - ALTERNATE I (SEPT 2015)

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

(2) The small business size standard is $36,500,000.00 .

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that--

(i) It ( ___ ) is, ( ___ ) is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ---- ___ ------.] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that--

(i) It ( ___ ) is, ( ___ ) is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It […

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