W912QR-43534997-0003.pdf

DEPARTMENT OF THE ARMY

LOUISVILLE DISTRICT, CORPS OF ENGINEERS

P.O. BOX 59

LOUISVILLE,KENTUCKY 40201-0059

REPLY TO

ATTENTION OF

CELRL-CT 19 February 2025

Massillon Construction & Supply LLC Mi-De-Con, Inc.

Aleut Flood Management, LLC Brannon Construction & Maintenance Services, LLC

Dear MATOC Contractors:

Reference is made to your Indefinite Delivery Indefinite Quantity Contracts, Numbers W91237-23-D0003 through W91237-23-D-0009, to provide Design Bid Build Land Based Construction Projects assigned to the Rivers Districts (LRH, LRL, LRN & LRP) of the Great Lakes and Ohio River Division.

We request you submit a price proposal for Cannelton Fixed Weir Repair located at Cannelton Locks & Dam, Cannelton, Indiana, detailed in the scope of work and specifications enclosed in this letter. All vendors must be registered in the SAM database prior to submitting a proposal.

The cost range is Between $250,000.00 and $500,000 per FAR 36.204 Disclosure of the magnitude of construction projects.

***** Amendment 0001 *****

Clause 52.236-27 Site Visit (Construction) has been updated to a new site visit date. Date changed from Wednesday 12 February 2025 to Thursday 13 February 2025 at 10:00 AM Central Time.

***** Amendment 0001 *****

***** Amendment 0002 *****

Clause 52.236-27 Site Visit (Construction) has been revised to a new site visit date. Site Visit date changed from Thursday 13 February 2025 to Thursday 20 February 2025 at 10:00 AM Central Time.

Request For Proposal Due Date has been revised from Wednesday 19 February 2025 to Wednesday 26 February 2025.

***** Amendment 0002 *****

***** Amendment 0003 *****

Clause 52.236-27 Site Visit (Construction) has been revised to a new site visit date. Site Visit date changed from Thursday 20 February 2025 to Thursday 06 March 2025 at 10:00 AM Central Time. Due to high water levels at the current time the site is inaccessible.

Request For Proposal Due Date has been revised from Wednesday 26 February 2025 to Wednesday 12 March 2025.

***** Amendment 0003 *****

W912QR-43534997-0003

PLEASE NOTE: THIS IS FOR CONSTRUCTION SERVICES ONLY: the effective DBA Wage Rate for this requirement is IN20240006 dated 12/20/2024.

Please note, as stated in the Base Contract, the following clauses have been updated to reflect the specific Task Order requirements:

FAR 52.211-10 Commencement, Prosecution, and Completion of Work.

FAR 52.211-12 Liquidated Damages-Construction.

FAR 52.211-13 Time Extensions.

DFARS 252.236-7001 Contract Drawings and Specifications.

FAR 52.236-4 Physical Data.

FAR 52.236-1 Performance of Work by the Contractor.

FAR 52.246-21 Warranty of Construction.

FAR 52.228-5 Insurance-Work on a Government Installation.

FAR 52.228-7 Insurance-Liability to Third Persons.

FAR 52.236-27 Site Visit Construction Alt. I DFARS 252.236-7002 Obstruction of Navigable Waterways.

The basis for award of this task order is lowest evaluated price. Please complete the price breakout schedule and include a labor category table demonstrating the use of the binding rates included in your MATOC contract. The submitted price breakdown should include sufficient detail to allow the Government to verify that your proposed price incorporates the binding rates from your base contract. Any level of effort shown in the submitted information will not be used for evaluation purposes and will be used only to ensure that the proposal is in compliance with the binding rates from the base contract.

Offerors shall allow for Government acceptance of proposals for 60 calendar days from the date proposals are due.

Any proposal that does not allow acceptance for 60 days will not be considered and will be rejected.

Proposals are due no later than 12:00 PM Eastern Time on Wednesday, 12 March 2025. Please submit your proposal by email to Joel Huberman at Joel.Huberman@usace.army.mil.

Proposals not received by the stated date/time will not be considered. Please acknowledge receipt of this RFP by signing below in the space provided and returning to Joel Huberman.

Payment and Performance Bonds will be required for this project. The Notice to Proceed will be issued after receipt and approval of the bonds.

All questions regarding this Request for Proposal (RFP) must be submitted via ProjNet. The website to access this system is www.projnet.org and the bidder inquiry key for this specific project is: (8ERW4M-286KIK).

Government responses will be limited to:

(a) Notice that an amendment will be issued;

(b)Reference to an existing requirement contained in the solicitation; or

(c) Notice that a response is not necessary.

The ability to enter technical inquiries and questions relating to proposal procedures or bonds will be disabled five (5) calendar days prior to the proposal due date. No Government responses will be entered into the ProjNet system within two (2) calendar days prior to the proposal due date stated in this letter.

If you have contractual questions, please contact Joel Huberman at the email address provided above. If an Offeror believes that the requirements in the RFP contain an error, omission, or are otherwise unsound; the offeror shall immediately notify the Contract Specialist in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this RFP based on the initial proposals, as received, without discussion.

Sincerely, Matthew P. Judd Contracting Officer

(Signature) (Date)

(Printed Name)

(Firm Name)

PLEASE NOTE THAT THE FOLLOWING PAGE NUMBERING MAY NOT BE ACCURATE

JUDD.MATTHEW.

P.1083357769

Digitally signed by JUDD.MATTHEW.P.1083357769 Date: 2025.02.19 09:44:33 -05'00'

Section 00 75 00 Clauses

52.211-10 Commencement, Prosecution, and Completion of Work.

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 270 calendar days after Notice to Proceed is issued. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages-Construction.

LIQUIDATED DAMAGES-CONSTRUCTION (SEPT 2000)

(a)If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $885.00 for each calendar day of delay until the work is completed or accepted.

(b)If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause

52.211-13 Time Extensions (Sept 2000)

TIME EXTENSIONS (Sept 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

252.236-7001 Contract Drawings and Specifications.

CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall—

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general—

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

See Drawing Sheet Number GI001

(End of clause)

52.236-4 Physical Data.

Physical Data (Apr 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Concrete Cores. Cores and soil samples from results of site investigations are available for inspection at various locations in the Louisville area, subject to prior arrangement at the Office of the District Engineer, Engineering Division, Steven Hite, 600 Dr. Martin Luther King, Jr. Place, Louisville, Kentucky 40201,

(502) 315-6450.

(b) Weather conditions NATIONAL WEATHER SERVICE - CENTRAL REGION. The Contractor shall make his own investigations as to weather conditions at the site. Data may be obtained from various National Weather Service (NWS) offices located generally at airports of principal cities, the nearest to this project being:

Owensboro, KY.

(c) Transportation facilities: Roads and railroads in the general area are shown on the drawings. Access ways shall be investigated by the Contractor to satisfy himself as to their existence and allowable use.

(d) Hydrographs are included in drawings.

Historical data for all areas may be obtained from:

U. S. Department of Commerce National Climatic Center Federal Building Asheville, N. C. 28801

52.236-1 Performance of Work by the Contractor.

Performance of Work by the Contractor (Apr 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 20 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.228-5 Insurance-Work on a Government Installation.

Insurance-Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective-

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

52.228-7 Insurance-Liability to Third Persons.

Insurance-Liability to Third Persons (Mar 1996)

a) (1) Except as provided in paragraph (a)(2) of this clause, the Contractor shall provide and maintain workers’ compensation, employer’s liability, comprehensive general liability (bodily injury), comprehensive automobile liability (bodily injury and property damage) insurance, and such other insurance as the Contracting Officer may require under this contract.

(2) The Contractor may, with the approval of the Contracting Officer, maintain a self-insurance program, provided that, with respect to workers’ compensation, the Contractor is qualified pursuant to statutory authority.

(3) All insurance required by this paragraph shall be in a form and amount and for those periods as the Contracting Officer may require or approve and with insurers approved by the Contracting Officer.

(b) The Contractor agrees to submit for the Contracting Officer’s approval, to the extent and in the manner required by the Contracting Officer, any other insurance that is maintained by the Contractor in connection with the performance of this contract and for which the Contractor seeks reimbursement.

(c) The Contractor shall be reimbursed-

(1) For that portion-

(i) Of the reasonable cost of insurance allocable to this contract; and

(ii) Required or approved under this clause; and

(2) For certain liabilities (and expenses incidental to such liabilities) to third persons not compensated by insurance or otherwise without regard to and as an exception to the limitation of cost or the limitation of funds clause of this contract. These liabilities must arise out of the performance of this contract, whether or not caused by the negligence of the Contractor or of the Contractor’s agents, servants, or employees, and must be represented by final judgments or settlements approved in writing by the Government. These liabilities are for-

(i) Loss of or damage to property (other than property owned, occupied, or used by the Contractor, rented to the Contractor, or in the care, custody, or control of the Contractor); or

(ii) Death or bodily injury.

(d) The Government’s liability under paragraph (c) of this clause is subject to the availability of appropriated funds at the time a contingency occurs. Nothing in this contract shall be construed as implying that the Congress will, at a later date, appropriate funds sufficient to meet deficiencies.

(e) The Contractor shall not be reimbursed for liabilities (and expenses incidental to such liabilities)-

(1) For which the Contractor is otherwise responsible under the express terms of any clause specified in the Schedule or elsewhere in the contract;

(2) For which the Contractor has failed to insure or to maintain insurance as required by the Contracting Officer; or

(3) That result from willful misconduct or lack of good faith on the part of any of the Contractor’s directors, officers, managers, superintendents, or other representatives who have supervision or direction of-

(i) All or substantially all of the Contractor’s business;

(ii) All or substantially all of the Contractor’s operations at any one plant or separate location in which this contract is being performed; or

(iii) A separate and complete major industrial operation in connection with the performance of this contract.

(f) The provisions of paragraph (e) of this clause shall not restrict the right of the Contractor to be reimbursed for the cost of insurance maintained by the Contractor in connection with the performance of this contract, other than insurance required in accordance with this clause; provided, that such cost is allowable under the Allowable Cost and Payment clause of this contract.

(g) If any suit or action is filed or any claim is made against the Contractor, the cost and expense of which may be reimbursable to the Contractor under this contract, and the risk of which is then uninsured or is insured for less than the amount claimed, the Contractor shall-

(1) Immediately notify the Contracting Officer and promptly furnish copies of all pertinent papers received;

(2) Authorize Government representatives to collaborate with counsel for the insurance carrier in settling or defending the claim when the amount of the liability claimed exceeds the amount of coverage; and

(3) Authorize Government representatives to settle or defend the claim and to represent the Contractor in or to take charge of any litigation, if required by the Government, when the liability is not insured or covered by bond. The Contractor may, at its own expense, be associated with the Government representatives in any such claim or litigation.

52.246-21 Warranty of Construction.

Warranty of Construction (Mar 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph

(i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

52.236-27 Site Visit (Construction).

Alternate I (Feb 1995).

If an organized site visit will be conducted, substitute a paragraph substantially the same as the following for paragraph (b) of the basic provision:

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.

***** Amendment 0003 *****

(b) An organized site visit has been scheduled for-

Thursday 06 March 2025

1000: Meet at Visitors Center 1015: Walk Site Location 1100: Leave

(c) Participants will meet at-

All attendees are required to meet at Cannelton Lock & Dam Visitors Center at 1000 hrs. Central Time.

Cannelton Lock & Dam U.S. Army Corps of Engineers 5281 E. State Road 66 Cannelton, IN 47520

No inquiries will be allowed during the site visit. All inquiries must be submitted via the ProjNet Bidder Inquiry site. A Bidder Key is provided with the solicitation information. Please RSVP the following information:

1. Name of Attendee(s)

2. Company

3. Phone Number and Email Address

Please remember to bring a Current State Issued ID in order to attend the site visit.

The following Personal Protective Equipment (PPE) is required: Steel Toe Boots, Hard Hat, and a Reflective Vest.

Send RSVP to nicholas.j.bibelhauser@usace.army.mil , USACE must receive the email by Noon hours EST. on Tuesday 04 March 2025. No additional attendees will be registered after this date or time.

***** Amendment 0003 *****

252.236-7002 Obstruction of Navigable Waterways.

OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991)

(a) The Contractor shall—

(1) Promptly recover and remove any material, plant, machinery, or appliance which the contractor loses, dumps, throws overboard, sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation;

(2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer; and

(3) When required by the Contracting Officer, mark or buoy such obstructions until the same are removed.

(b) The Contracting Officer may—

(1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect, or delay compliance with paragraph (a) of this clause; and

(2) Deduct the cost of removal from any monies due or to become due to the Contractor; or

(3) Recover the cost of removal under the Contractor's bond.

(c) The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to that provided in Sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et. seq.).