WCHC25_SPECS_ADVERTISE.pdf

SOLICITATION

W9127N25B0005

Mouth of the Columbia River, Oregon/Washington;

Lower Columbia River, Oregon/Washington;

Humbolt Bay, California

WEST COAST HOPPER MAINTENANCE DREDGING 2025

Project Manual

TOC-1

HUMBOLT BAY, CA; MOUTH OF THE COLUMBIA RIVER, OR/WA; LOWER

COLUMBIA RIVER, OR/WA

TABLE OF CONTENTS

00 10 00 SOLICITATION, OFFER, AND AWARD (SF 1442)

00 10 00 SOLICITATION

00 72 00 GENERAL CONDITIONS

00 73 00 SUPPLEMENTARY CONDITIONS

GENERAL AND TECHNICAL REQUIREMENTS: SEE PROJECT TABLE OF CONTENTS

ATTACHMENTS

California Davis Bacon Wage Rates

Contract File Name Conventions

CY Mile - Example

Spill Emergency - Initial Report Form

Daily Dredge Report

Descriptive Sketch-Payable/Non-Payable Quantity

WQC USACE Oregon Coastal Dredging Public Notice - Draft

Floating Plant Checklist for Hopper Dredge

Hydrographic Survey Request Form

Inadvertent Discovery Plan for West Coast Hopper Dredging

Notice to Mariners

00 70 00 CONDITIONS OF THE CONTRACT

00 21 13 INSTRUCTIONS TO BIDDERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

PROJECT: West Coast Hopper Maintenance Dredging 2025

LOCATION: Humboldt Bay, CA (HUM); Mouth of the Columbia River, OR/WA (MCR); Coos Bay, OR/WA (COO); and Low er Columbia River, OR/WA (LCR)

MAGNITUDE OF CONSTRUCTION: Betw een $10,000,000.00 to $50,000,000.00

SOCIO-ECONOMIC: Unrestricted

In accordance w ith FAR 14.101(e) aw ard w ill be made considering only price and the price-related factors included in the invitation

X

IAN K LUTJENS 503-808-4600

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

22-Jan-2025

(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 _______7 calendar days and complete it w ithin ________251 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________21 Feb 2025 (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 of fers 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 _______120 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

USACE, PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204

W9127N

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W9127N25B0005 75

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

TOC-2

HUMBOLT BAY, CA; MOUTH OF THE COLUMBIA RIVER, OR/WA; LOWER

COLUMBIA RIVER, OR/WA

TABLE OF CONTENTS

OR State WQC COO

OR State WQC LCR

OR State WQC MCR

Oregon Davis Bacon Wage Rates

Overflow Report Form

Project Identification Sign for Dredging Work

Reporting Plan for Sick, Injured, Dead, or Entangled Species NWP Dredging Program

Sample Daily Disposal Report

WQC Jurisdiction SPN Projects

Sample Disposal Plan

Sample HOODS Conditions for USACE

Spill Emergency - Initial Report Form

Sample Disposal Load Report

Ullage Sensor Numbering Scheme

WA State WQC LCR

WA State WQC MCR

Washington Davis Bacon Wage Rates

WQ Monitoring Plan MCR and LCR

WQ Monitoring Plan Oregon Coast 2025

Subcontracting Plan Notice to Large Business

Section 00 10 00 - Solicitation

CLIN TOTALS

SUBTOTAL FOR MANDATORY LINE ITEMS $_______________________________________

SUBTOTAL FOR OPTIONAL LINE ITEMS $_______________________________________

TOTAL FOR ALL LINE ITEMS $_______________________________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Mobilization and Demobilization

FFP

The contractor shall perform all work in accordance with the Plans & Specifications attached.

FOB: Destination

SIGNAL CODE: A

PSC CD: Y1KF

NET AMT

00 10 00-3

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 600,000 Cubic

Yard HUM, HOODS Ocean Placement

FFP

HUM, Bin Measure to Required Depth, HOODS Ocean Placement. The contractor shall perform all work in accordance with the Plans & Specifications attached.

Quantities for this CLIN are estimated, please see 52.211-18.

FOB: Destination

SIGNAL CODE: A

PSC CD: Y1KF

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 300,000 Cubic

Yard OPTION HUM, HOODS Ocean Placement

FFP

HUM, Bin Measure to Required Depth, HOODS Ocean Placement. The contractor shall perform all work in accordance with the Plans & Specifications attached.

Quantities for this CLIN are estimated, please see 52.211-18.

FOB: Destination

SIGNAL CODE: A

00 10 00-4

0004 200,000 Cubic

Yard LCR Maintenance, FL Placement

FFP

LCR Maintenance, RM 3+00 to RM 25+00, Bin Measure, Flow Lane (FL) Placement. The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211- 18.

FOB: Destination

SIGNAL CODE: A

PSC CD: Y1KF

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 600,000 Cubic

Yard LCR Maintenance, Pre/Post Dredge Survey

FFP

LCR Maintenance, RM 3+00 to RM 105+00, Pre/Post Dredge Survey, (FL) Placement. The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211- 18.

FOB: Destination

SIGNAL CODE: A

00 10 00-5

0006 250,000 Cubic

Yard OPTION LCR Maintenance, Pre/Post Dredge Survey

FFP

LCR Maintenance, RM 3+00 to RM 105+00, Pre/Post Dredge Survey, (FL) Placement. The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211- 18.

FOB: Destination

SIGNAL CODE: A

PSC CD: Y1KF

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 250,000 Cubic

Yard OPTION LCR Maintenance, Pre/Post Dredge Survey

FFP

LCR Maintenance, RM 3+00 to RM 105+00, Pre/Post Dredge Survey, (FL) Placement. The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211- 18.

FOB: Destination

SIGNAL CODE: A

00 10 00-6

0008 200,000 Cubic

Yard LCR Maintenance

FFP

LCR Maintenance, RM 3+00 to RM 105+00, Bin Measure to Required Depth. The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211-18.

FOB: Destination

SIGNAL CODE: A

PSC CD: Y1KF

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 1,500,000 Cubic

Yard LCR Increment Transit Miles

FFP

LCR Increment Transit Miles for Material Placement Site (other than four miles one-way). The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211- 18.

FOB: Destination

SIGNAL CODE: A

00 10 00-7

0010 175 Miles

LCR Intra-Project Transit Miles

FFP

LCR Intra-Project Transit Miles. The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211-18.

FOB: Destination

SIGNAL CODE: A

PSC CD: Y1KF

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 1 Job OPTION COO, Mobilization and Demobilization

FFP

The contractor shall perform all work in accordance with the Plans & Specifications attached.

FOB: Destination

SIGNAL CODE: A

00 10 00-8

0012 400,000 Cubic

Yard OPTION COO, Site F Ocean Placement

FFP

COO Maintenance, Bin Measure to Required Depth. The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211-18.

FOB: Destination

SIGNAL CODE: A

PSC CD: Y1KF

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 1,600,000 Cubic

Yard MCR, SWS or NJS Placement

FFP

MCR, Bin Measure, Shallow Water Site (SWS) or North Jetty Site (NJS) Placement. The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211- 18.

FOB: Destination

SIGNAL CODE: A

00 10 00-9

0014 250,000 Cubic

Yard OPTION MCR, SWS or NJS Placement

FFP

MCR, Bin Measure, Shallow Water Site (SWS) or North Jetty Site (NJS) Placement. The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211- 18.

FOB: Destination

SIGNAL CODE: A

PSC CD: Y1KF

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 300,000 Cubic

Yard MCR, O&M DWS Placement

FFP

MCR, Bin Measure , Increment for Operations and Maintenance Deep Water Site (DWS) Placement. The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211-18.

FOB: Destination

SIGNAL CODE: A

00 10 00-10

0016 300,000 Cubic

Yard OPTION MCR, O&M DWS Placement

FFP

MCR, Bin Measure , Increment for Operations and Maintenance Deep Water Site (DWS) Placement. The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211-18.

FOB: Destination

SIGNAL CODE: A

PSC CD: Y1KF

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 250,000 Cubic

Yard OPTION MCR, O&M DWS Placement

FFP

MCR, Bin Measure , Increment for Operations and Maintenance Deep Water Site (DWS) Placement. The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211-18.

FOB: Destination

SIGNAL CODE: A

00 10 00-11

0018 250,000 Cubic

Yard OPTION MCR, O&M SJS Placement

FFP

MCR, Bin Measure , Increment for Operations and Maintenance South Jetty Site (SJS) Placement (OPTIONAL). The contractor shall perform all work in accordance with the Plans & Specifications attached. Quantities for this CLIN are estimated, please see 52.211-18.

FOB: Destination

SIGNAL CODE: A

PSC CD: Y1KF

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2025 TO

15-DEC-2025

N/A NAVIGATION DIVISION

USACE PORTLAND DISTRICT PO BOX

2946 333 SW 1S

PORTLAND OR 97208-2946

FOB: Destination

G250NAV

0002 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0003 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0004 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0005 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0006 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0007 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

00 10 00-12

0008 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0009 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0010 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0011 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0012 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0013 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0014 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0015 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0016 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0017 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

0018 POP 01-APR-2025 TO

15-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

G250NAV

00 10 00-13

Section 00 21 13 - Instructions to Bidders

BIDDER INQUIRIES

All inquiries regarding this solicitation are to be submitted via ProjNet-Bidsm. Telephone and email inquiries will not be accepted. ProjNet-Bidsm is a web-based program that allows bidders to post questions regarding the solicitation and to view all questions by other bidders and answers by USACE. ProjNet-Bidsm can be accessed through ProjNetsm at https://www.projnet.org/projnet/. To access the ProjNet-Bidsm website the first time:

1) Click the Bid tab

2) Click Bidder Inquiry. (The Agency is USACE.)

3) Enter the following information for access:

The Bidder Inquiry Key JBD5ME-Q5IB2Z

Valid business contact information (e.g. Company name, contact person, business address, phone number and email address). (required on first project only) Establish secret question and answer which will be used as a password. (required on first project only)

4) For subsequent access use your email address, the Bid Inquiry Key and response to the secret question to access the ProjNet-Bidsm Module.

5) Submit questions or review questions and answers. (A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

6) For a specific step-by-step for POSTING YOUR INQUIRIES, is available in the Reference link on the Contract Viewer.

7) For questions about the ProjNet-Bidsm, please contact the Call Center help desk toll free at 1-800-428- HELP, which operates from 8AM to 5PM (Central US time zone). ProjNet-Bidsm questions can also be emailed to the helpdesk at staff@rcesupport.com. No response will be posted to inquiries after the Close of Business on the seventh business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses in ProjNet-Bidsm prior to bid submission. Nothing in the solicitation is changed unless an amendment is sent out.

ELECTRONIC SUBMISSION INSTRUCTIONS

HARD COPY SUBMISSIONS WILL NOT BE CONSIDERED.

Bids are due no later than the time and date specified in Block 13 of Standard Form 1442, or SF 30 if applicable.

Bids received at the Government Point of Entry after the date and time in block 13.A. of the solicitation will be considered a late bid, and will not be considered for award.

Offeror shall submit its Bid via email to Ian Lutjens at ian.k.lutjens@usace.army.mil and Brandon Lasich at brandon.m.lasich@usace.army.mil. Offerors should enter a description for every file submitted. For files over 20 megabytes (MB) the offeror shall break the file into smaller files sent via separate emails, each marked to identify which number the email is relative to the total number of emails submitted (i.e. “one of four”). Once all of the emails submitted have been received, the Government will confirm receipt via return email. If an offeror submits multiple bids, the Government will only consider the last bid submitted prior to the bid due date and time.

The electronic Bid shall be in Portable Document Format, filename extension: “.pdf” and suitable for viewing in Adobe Reader. Offerors shall bookmark and label each electronic PDF to afford easy identification from the Bid table of contents.

Do not assume submission will be instantaneous. File size and number of files submitted shall be considered.

Offeror/Teammate/Subcontractors should allow adequate time for submission completion because the entire Bid (i.e. offerors submission and all teammate/subcontractor(s) independent submissions) must be received by the time and date specified in Block 13 of Standard Form 1442, or SF 30 if applicable.

To avoid rejection of an offer, the offeror must make every effort to ensure its electronic submission is virus-free.

Bids, or portions thereof, submitted with the presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 15.207(c).

The requirement that an original and copy(ies) be submitted as found in block 13A of the SF1442 is satisfied through the electronic submission. Additionally, electronic submission of the bid guarantee, when a bid guarantee is required, is due with the bid submission (mailing a bid guarantee is not allowed).

BID OPENING

00 21 13-1

No hard copy documents are allowed to be submitted at the bid opening. Due to the requirement that bids be submitted electronically only, bid opening is scheduled for one hour following the bid due date and time to allow the Contracting Office time to download all bid documents.

The bid opening will be held telephonically at 2:30 pm on the date bids are due. Offerors wishing to participate in the telephonic bid opening shall email a list of their participants to both Ian Lutjens at ian.k.lutjens@usace.army.mil and Brandon Lasich at brandon.m.lasich@usace.army.mil. In the email subject line use title, “W9127N25B0005 West Coast Hopper Maintenance Dredging 2025 Bid Opening”. The telephone number and security passcode for offerors to utilize will be provided via return email to the offerors initial email including the list of its participants. There will be no physical bid opening held at the Portland District, therefore, offerors are advised that they shall not plan to attend a bid opening in person on the day of bid opening.

NOTICE TO LARGE BUSINESS FIRMS

Please see FAR Clauses 52.219-8, “Utilization of Small Business Concerns (SEP 2023)” and 52.219-9 Alt I, "Small Business Subcontracting Plan (SEP 2023) Alternate 1.” Large business concerns submitting offers of $750,000 or more for supplies or services or $1,500,000 for construction are required to submit a subcontracting plan upon request by the Contracting Officer. The plan must express goals in terms of percentages of total planned subcontracting dollars and must be comparable to the dollar commitments in the small business participation plan, if applicable.

DEFINITIONS:

Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Government prime contractor or subcontractor calling for supplies and/or services required for performance of the contract, contract modification, or subcontract.

Small Business Concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in FAR 19.102. Such a concern is “not dominant in itsfield of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged.

Floor is the term the U.S. Army Corps of Engineers uses to replace goal. It represents the minimum levelfor small business performance.

Electronic Subcontracting Reporting System (eSRS) means the Government wide, electronic, web basedsystem for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

The following floors are considered reasonable and achievable during the performance of the contract resulting from this solicitation and are included for information purposes. Final floors will be reviewed prior to contract award, and the subcontracting plan will then become a material part of the contract.

a. 30% of the total subcontracted dollar value will be placed with all small business concerns. For the purpose of this subcontracting plan, Small Disadvantaged Business (SDB), Women-owned Small Business (WOSB), HUBZone Small Business, Veteran-owned Small Business, and Service Disabled Veteran-owned Small Business concerns are subsets of small business concerns.

b. 15% of the total subcontracted contract dollar value will be placed with small disadvantaged business concerns or Historically Black Colleges and Universities or Minority Institutions. To be considered a small disadvantaged business concern, business must be certified by the Small Business Administration in addition to meeting the definition under FAR Clause 52.219-8(c)(3).

c. 18% of the total subcontracted contract dollar value will be placed with small women-owned business concerns. Women-owned business concerns may meet the definition of a small disadvantaged business. If so, it will also be considered a subset of a small disadvantaged business concern.

d. 8% of the total subcontracted contract dollar value will be placed with HUBZone small business concerns.

To be considered a HUBZone small business concern, business must be certified by the U.S. Small Business Administration in addition to meeting the definition under FAR Clause 52.219-8(c)(3).

e. 5% of the total subcontracted dollar value will be placed with Veteran-owned small business concerns.

00 21 13-2

f. 5% of the total subcontracted dollar value will be placed with Service Disabled Veteran-owned small business concerns.

Floors included in any proposed plan should be at least equal to the recommended floors. If lesser floors are proposed, include an explanation for how those floors and the overall plan represent best efforts to comply with the policy outlined in the contract clauses.

The proposed subcontracting plan must address how the offeror will maximize subcontracting opportunities within the small business communities of the project location. Demonstrated outreach efforts through conference attendance, use of SAM.gov, and corporate support of the Small Business Program Liaison Officer and Small Business Program must be addressed in the proposed subcontracting plan. Subcontracting plans will be evaluated using Appendix DD to the Army Federal Acquisition Regulation Supplement (AFARS) 5119.705-4(d) to determine the offeror’s ability to carry out the terms and conditions set forth in the contract clauses. If discussions during this review raise doubts regarding intentions or ability to comply with contractual obligations, it could result in disqualification for award. Failure to receive a subcontracting plan rating of Acceptable could jeopardize the offeror’s selection for contract award.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

00 21 13-3

(End of provision)

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

2.4% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Portland, Multnomah County, Oregon, and Humboldt County, California.

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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 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)

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS--NOTICE AND REPRESENTATION (JUN

2020)

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

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means--

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if--

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

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(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C- 1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that--

(1) It [_]is [_]is not a foreign person; and

(2) If the Offeror indicates ``is'' in paragraph (d)(1) of this provision, then the Offeror represents that--I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then--

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract;

and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects ``is'' in paragraph (d)(1) and ``partial or no exemption'' in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

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 OFFICER (Brandon Lasich)

PO BOX 2946

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PORTLAND, OR 97208

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

(End of provision)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of

(1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or

(2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

(End of clause)

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.

(End of provision)

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation: https://www.acquisition.gov/browse/index/far

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Defense Federal Acquisition Regulation Supplement: https://www.acquisition.gov/dfars Army Federal Acquisition Regulation Supplement: https://www.acquisition.gov/afars

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

SPECIAL CONTRACT REQUIREMENTS

FAR provision 52.229-11 and FAR clause 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons

– such as foreign contractors. It implements the Department of the Treasury’s final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C. 5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.

Line 6 Contract/reference number: W9127N25B0005 Line 7 “Name and address of the acquiring agency”: Portland District, 333 SW 1st Avenue, STE 10, Portland, OR, 97204

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14. Additional information is also available at:

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time. As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application. The amount due for each withholding will be confirmed by USACE, BUT WILL NOT BE WITHHELD. It is the contractor’s responsibility to set aside, or remit to the IRS, the amount confirmed by USACE. Whether the contractor sets the money aside for future payment to the IRS, or makes

00 21 13-8 payment to the IRS, is the contractor’s discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that “[a]gencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS.” Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability. Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed FAR Provision 52.229-11.

Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

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Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification

NOV 2021

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

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

MAY 2021

CLAUSES INCORPORATED BY FULL TEXT

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2024)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalties. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to civil penalties as provided in 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(End of provision)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)

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

(2) The small business size standard is $37,000,000.00.

00 45 00-1

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

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

[ ] Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

00 45 00-2

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

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

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

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II).