A21 - W912P824B0037 Solicitation Package 07 JUN 2024.pdf

OM24065

IFB NO. W912P824B0037

US Army Corps of Engineers New Orleans District

FY2024 IDIQ,

Atchafalaya Basin, Gulf Intracoastal Waterway (GIWW) and Miscellaneous Projects Cutterhead Dredge Louisiana

Construction Solicitation and Specifications

07 June 2024

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

7400 LEAKE AVENUE

NEW ORLEANS, LA 70118-3651

OM24065

SOLICITATION: W912P824B0037 07 June 2024

FOR: FY2024 IDIQ, Atchafalaya Basin, Gulf Intracoastal Waterway (GIWW) and Miscellaneous Projects Cutterhead Dredge. Specification Numbers OM24065

TO OPEN:

I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL

OPPORTUNITY CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM

THIS SOLICITATION.

II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS

SOLICITATION. Bidders, offerors and applicants are cautioned to note the "Certification of

Non-segregated Facilities" in the solicitation. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal

Opportunity clause.

III. Prospective contractors must register in the System for Award Management (SAM). See FAR Clause 52.204-7 for required information. The website for SAM is https://www.sam.gov. You will be required to provide your company’s Dun and Bradstreet (D&B) D-U-N-S number. If you do not already have a D&B D-U-N-S number, one can be requested at http://fedgov.dnb.com/webform.

BIDDERS MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION AS

REQUIRED BY THIS SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING

FALSE STATEMENTS IN BIDS IS PRESCRIBED IN 18 U.S.C. 1001. (FAR 52.214-4 APR 1984)

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of furnishing one fully crewed and equipped hydraulic pipeline cutterhead dredge for the removal and satisfactory disposal of shoal material within any combination of the following Dredging Regions: Berwick Bay Harbor, Berwick Lock Forebay, Tidewater Point, Morgan City Docks East, 20 Grand Point, GIWW vicinity of Mile 99, Wax Lake Outlet, GIWW vicinity of Bayou Shaffer, Port Allen Lock Forebay, Three Rivers, Baton Rouge Harbor (Devil’s Swamp), Old River Lock Forebay and Old River Lock Tailbay. Work may be required in other areas of the New Orleans District.

CAUTION TO BIDDERS: In delivery of hand-carried bids, bidders are cautioned to allow sufficient time for delays which may be encountered as a result of frequent trains which are subject to block all access roads to place of bid opening for various lengths of time and for visitor background checks by MVN security when entering the installation at place of bid opening. Such delays DO NOT permit acceptance or consideration of late bids.

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN

ACCORDANCE WITH THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY

AND HEALTH REQUIREMENTS MANUAL", DATED NOVEMBER 2014.

ATTENTION: Contractors must complete, and submit with their bid, the provisions located in Section 00600. A bidder may also submit, in lieu of the completed Section 00600, a complete hard copy of their Online Representations and Certifications Applications (ORCA) registration with an expiration date on or after the date of award.

https://www.sam.gov/ http://fedgov.dnb.com/webform

ALL INQUIRIES REGARDING THIS SOLICITATION

SHOULD BE MADE TO THE FOLLOWING:

KAREN HARGRAVE

CONTRACT SPECIALIST

U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

E‐MAIL: KAREN.D.HARGRAVE@USACE.ARMY.MIL

PHONE: (504) 862-1561

COLLECT CALLS NOT ACCEPTED

NOTE: FOR THE MOST PROMPT REPSONSE, PLEASE SEND ALL QUESTIONS VIA

E‐MAIL.

INDEFINITE DELIVERY, INDEFINITE QUANTITY (TASK ORDER) CONTRACT

ATCHAFALAYA BASIN, GULF INTRACOASTAL WATERWAY (GIWW)

AND MISCELLANEOUS PROJECTS

CUTTERHEAD DREDGE

SOLICITATION W912P824B0037

Project Table of Contents OM24065

PROJECT TABLE OF CONTENTS

Division 00 – PROCUREMENT AND CONTRACT REQUIREMENTS

00010 Bid Schedule

00100 Instructions to Bidders

00600 Representations and Certifications

00700 Contract Clauses

00800 Supplementary Conditions

Division 01 - GENERAL REQUIREMENTS

01 30 00 Administration Requirements

01 33 00 Submittal Procedures

01 35 26 Government Safety Requirements

01 45 00.15 10 Resident Management System Contractor Mode (RMS CM)

01 57 20.00 10 Environmental Protection

Division 35 – WATERWAY AND MARINE CONSTRUCTION

35 01 50.73 Surveys

35 20 23.23 Hydraulic Dredging

35 20 23.23 01 Hydraulic Dredging – Berwick Bay Harbor, Berwick Lock Forebay, Tidewater Point and Morgan City Docks East Dredging Region

35 20 23.23 02 Hydraulic Dredging – GIWW Vicinity of Mile 99, GIWW Vicinity of Bayou Shaffer, 20 Grand Point and Wax Lake Outlet Dredging Region

35 20 23.23 03 Hydraulic Dredging – Port Allen Lock Forebay Dredging Region

35 20 23.23 04 Hydraulic Dredging – Three Rivers Dredging Region

35 20 23.23 05 Hydraulic Dredging – Baton Rouge Harbor Dredging Region

35 20 23.23 06 Hydraulic Dredging – Old River Lock Forebay Dredging Region

35 20 23.23 07 Hydraulic Dredging – Old River Lock Tailbay Dredging Region

35 20 23.23 33 National Dredging Quality Management Program - Pipeline Hydraulic Dredge

W912P824B0037 - FY 2024 IDIQ SATOC Atchafalaya Basin, Gulf Intracoastal Waterw ay (GIWW) and Miscellaneous Projects Cutterhead Dredge (OM24065)

This solicitation w ill be issued as UNRESTRICTED. The NAICS code for this procurement is 237990.

This solicitation w ill be issued as an Invitation for Bid (IFB). The resulting contract shall be a f irm fixed price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) Single Aw ard Task Order Contract (SATOC) w ith a ceiling of $40M.

The w ork consists of furnishing one fully crew ed and equipped hydraulic pipeline cutterhead dredge for the removal and satisfactory disposal of shoal material w ithin any combination of the follow ing Dredging Regions: Berw ick Bay Harbor, Berw ick Lock Forebay, Tidew ater Point, Morgan City Docks East, 20 Grand Point, GIWW vicinity of Mile 99, Wax Lake Outlet, GIWW vicinity of Bayou Shaffer, Port Allen Lock Forebay, Three Rivers, Baton Rouge Harbor (Devil’s Sw amp), Old River Lock Forebay and Old River Lock Tailbay. Work may be required in other areas of the New Orleans District.

The initial task order ordering w ork may be issued immediately upon contract aw ards.

*Bid opening to be established by amendment.

** See Paragraph 00010.1.7b

X

KAREN D HARGRAVE 504-862-1561

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

07-Jun-2024

(RFP)

(IFB)

CALL:

FY24 IDIQ, Atchafalaya Basin, Gulf Intracoastal Waterw ay (GIWW) and

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 _______2 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00010.1.7b

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 ______________ (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 _______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

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

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

OM24065

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

FAX:TEL: TEL: FAX:

W912P824B0037 1 OF 244

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

IDIQ Atchafalaya Basin, GIWW & Misc. Projects CD OM24065

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULES

See bid schedules on the following pages.

SECTION 00010 Page 2

SECTION 00010 - BIDDING SCHEDULE

INDEFINITE DELIVERY, INDEFINITE QUANTITY (TASK ORDER) CONTRACT

ATCHAFALAYA BASIN, GULF INTRACOASTAL WATERWAY (GIWW)

AND MISCELLANEOUS PROJECTS

CUTTERHEAD DREDGE

SOLICITATION NO. W912P824B0037

LOT ONE, 24 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITHOUT SUBMERGED PUMP

Bid Item

DESCRIPTION Estimated Quantity

Unit Unit Price

Total Price

0001 INITIAL MOBILIZATION AND

INITIAL DEMOBILIZATION

1 JOB

OPTION

ADDITIONAL MOBILIZATION AND

DEMOBILIZATION

2 EACH TO BE NEGOTIATED PER

NON-CONSECUTIVE TASK

ORDER

0003 DREDGING 5768 HOUR

0004 DREDGE TOWING SERVICE 420 MILE

0005 PICKET BOAT 6633 HOUR

0006 PORT ALLEN LOCK FOREBAY

BUCKET DREDGING

1 JOB

0007 ADDITIONAL PUMPING

CAPABILITY FOR DREDGING

PAYMENT ITEM 0003

333 HOUR

0008 MOBILIZATION AND

DEMOBILIZATION OF ADDITIONAL

PUMPING CAPABILITY EQUIPMENT

FOR PAYMENT ITEM 0007

1 JOB

TOTAL: LOT ONE BID

SECTION 00010 Page 3

INDEFINITE DELIVERY, INDEFINITE QUANTITY (TASK ORDER) CONTRACT

ATCHAFALAYA BASIN, GULF INTRACOASTAL WATERWAY (GIWW)

AND MISCELLANEOUS PROJECTS

CUTTERHEAD DREDGE

SOLICITATION NO. W912P824B0037

LOT TWO, 24 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITH SUBMERGED PUMP

Bid Item

DESCRIPTION Estimated Quantity

Unit Unit Price Total Price

0001 INITIAL MOBILIZATION AND

INITIAL DEMOBILIZATION

1 JOB

OPTION

ADDITIONAL MOBILIZATION AND

DEMOBILIZATION

2 EACH TO BE NEGOTIATED PER

NON-CONSECUTIVE TASK

ORDER

0003 DREDGING 4002 HOUR

0004 DREDGE TOWING SERVICE 420 MILE

0005 PICKET BOAT 4602 HOUR

0006 PORT ALLEN LOCK FOREBAY

BUCKET DREDGING

1 JOB

0007 ADDITIONAL PUMPING

CAPABILITY FOR DREDGING

PAYMENT ITEM 0003

267 HOUR

0008 MOBILIZATION AND

DEMOBILIZATION OF ADDITIONAL

PUMPING CAPABILITY EQUIPMENT

FOR PAYMENT ITEM 0007

1 JOB

TOTAL: LOT TWO BID

SECTION 00010 Page 4

INDEFINITE DELIVERY, INDEFINITE QUANTITY (TASK ORDER) CONTRACT

ATCHAFALAYA BASIN, GULF INTRACOASTAL WATERWAY (GIWW)

AND MISCELLANEOUS PROJECTS

CUTTERHEAD DREDGE

SOLICITATION NO. W912P824B0037

LOT THREE, 27 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITHOUT SUBMERGED

PUMP

Bid Item

DESCRIPTION Estimated Quantity

Unit Unit Price

Total Price

0001 INITIAL MOBILIZATION AND

INITIAL DEMOBILIZATION

1 JOB

OPTION

ADDITIONAL MOBILIZATION

AND DEMOBILIZATION

2 EACH TO BE NEGOTIATED PER

NON-CONSECUTIVE TASK

ORDER

0003 DREDGING 4561 HOUR

0004 DREDGE TOWING SERVICE 420 MILE

0005 PICKET BOAT 5245 HOUR

0006 PORT ALLEN LOCK FOREBAY

BUCKET DREDGING

1 JOB

0007 ADDITIONAL PUMPING

CAPABILITY FOR DREDGING

PAYMENT ITEM 0003

263 HOUR

0008 MOBILIZATION AND

DEMOBILIZATION OF

ADDITIONAL PUMPING

CAPABILITY EQUIPMENT FOR

PAYMENT ITEM 0007

1 JOB

TOTAL: LOT THREE BID

SECTION 00010 Page 5

INDEFINITE DELIVERY, INDEFINITE QUANTITY (TASK ORDER) CONTRACT

ATCHAFALAYA BASIN, GULF INTRACOASTAL WATERWAY (GIWW)

AND MISCELLANEOUS PROJECTS

CUTTERHEAD DREDGE

SOLICITATION NO. W912P824B0037

LOT FOUR, 30 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITHOUT SUBMERGED

PUMP

Bid Item

DESCRIPTION Estimated Quantity

Unit Unit Price

Total Price

0001 INITIAL MOBILIZATION AND

INITIAL DEMOBILIZATION

1 JOB

OPTION

ADDITIONAL MOBILIZATION AND

DEMOBILIZATION

2 EACH TO BE NEGOTIATED PER

NON-CONSECUTIVE TASK

ORDER

0003 DREDGING 3692 HOUR

0004 DREDGE TOWING SERVICE 420 MILE

0005 PICKET BOAT 4246 HOUR

0006 PORT ALLEN LOCK FOREBAY

BUCKET DREDGING

1 JOB

0007 ADDITIONAL PUMPING CAPABILITY

FOR DREDGING PAYMENT ITEM 0003

213 HOUR

0008 MOBILIZATION AND

DEMOBILIZATION OF ADDITIONAL

PUMPING CAPABILITY EQUIPMENT

FOR PAYMENT ITEM 0007

1 JOB

TOTAL: LOT FOUR BID

SECTION 00010 Page 6

INDEFINITE DELIVERY, INDEFINITE QUANTITY (TASK ORDER) CONTRACT

ATCHAFALAYA BASIN, GULF INTRACOASTAL WATERWAY (GIWW)

AND MISCELLANEOUS PROJECTS

CUTTERHEAD DREDGE

SOLICITATION NO. W912P824B0037

LOT FIVE, 30 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITH SUBMERGED PUMP

Bid Item

DESCRIPTION Estimated Quantity

Unit Unit Price

Total Price

0001 INITIAL MOBILIZATION AND

INITIAL DEMOBILIZATION

1 JOB

OPTION

ADDITIONAL MOBILIZATION AND

DEMOBILIZATION

2 EACH TO BE NEGOTIATED PER

NON-CONSECUTIVE TASK

ORDER

0003 DREDGING 2412 HOUR

0004 DREDGE TOWING SERVICE 420 MILE

0005 PICKET BOAT 2774 HOUR

0006 PORT ALLEN LOCK FOREBAY

BUCKET DREDGING

1 JOB

0007 ADDITIONAL PUMPING CAPABILITY

FOR DREDGING PAYMENT ITEM 0003

161 HOUR

0008 MOBILIZATION AND

DEMOBILIZATION OF ADDITIONAL

PUMPING CAPABILITY EQUIPMENT

FOR PAYMENT ITEM 0007

1 JOB

TOTAL: LOT FIVE BID

SECTION 00010 Page 7

1.2 BID FORM NOTES

a. Bidders shall bid on all items including optional items (see "Evaluation of Options" FAR 52.217-5). Failure to bid on all items will result in a non-responsive bid.

b. Any bid may be rejected if the Contracting Officer or his/her authorized representative determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the bid, but the prices for individual line items as well. Any bid may be rejected if the prices for any line items or subline items are materially unbalanced (see "Rejection of Individual Bids" FAR 14.404-2).

c. THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442 after Notice of Award. The NTP will be issued after verification of acceptable performance and payment bonds. Within two (2) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Administrative Contracting Officer or his authorized representative.

Physical work cannot start until the Resident Management System is set-up, the Accident Prevention Program and other required submittals have been submitted and approved, and all preliminary meetings called for under the contract have been conducted.

d. RAPID VENDOR PAYMENT: See the following web based instructions for the submission of invoices:

www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx.

e. "Job" is synonymous with the previously used term "lump sum".

f. Bidders shall select the bid lot determined by the dredge discharge size. The dredge discharge size is considered to be the least inside diameter of the following: the main pump discharge, the submerged pump discharge, the booster pump discharge, or the discharge pipeline.

g. As per FAR 9.104-2, special standards of responsibility have been established for this acquisition. A pre-award survey will be required.

Before award, the apparent low bidder shall provide documentation to satisfy the following definitive responsibility criteria. An apparent low bidder who is not able to meet the following definitive responsibility criteria will be deemed to lack responsibility and will be ineligible for award:

(1) Bidders shall furnish in their bid package a completed "Cutterhead Dredge and Attendant Plant Data Sheet" (see Section 35 20 23.23 - Hydraulic Dredging). If the apparent low bidder fails to furnish the intended dredge's "Cutterhead Dredge and Attendant Plant Data Sheet" within his/her bid package, the apparent low bidder will have 24 hours after the time of the bid opening to provide the Contracting Officer a copy. If the apparent low bidder fails to furnish the intended dredge's "Cutterhead Dredge and Attendant Plant Data Sheet" to the Contracting Officer within the allotted time, the respective bidder will be declared non-responsible and ineligible for award and the next apparent low bidder will be evaluated as stated in the paragraphs below.

(2) Upon receipt of the apparent low bidder's completed "Cutterhead Dredge and Attendant Plant Data Sheet" for the dredge

SECTION 00010 Page 8 plant that is intended to perform work under this solicitation, the "Cutterhead Dredge and Attendant Plant Data Sheet" will be evaluated to ensure that the dredge meets the equipment requirements as stated in Section 35 20 23.23, paragraph entitled "Size and Equipment of Dredge Plant".

a) If, after review, the Government determines that the dredge on the "Cutterhead Dredge and Attendant Plant Data Sheet" does satisfy the equipment requirements as stated in Section 35 20 23.23, paragraph entitled "Size and Equipment of Dredge Plant", the Government will proceed with award of the contract to the apparent low bidder, provided all other requirements for award have been satisfied.

b) If, after review, the Government determines that the dredge on the "Cutterhead Dredge and Attendant Plant Data Sheet" does not satisfy the equipment requirements as stated in Section 35 20 23.23, paragraph entitled "Size and Equipment of Dredge Plant", the Government will declare the apparent low bidder to be non-responsible and ineligible for award. The Government will thereafter perform the described pre-award survey on the next apparent low bidder, and will do so with each successive apparent low bidder until it is determined that the otherwise responsive, apparent low bidder, has submitted a "Cutterhead Dredge and Attendant Plant Data Sheet" that does satisfy the equipment requirements as stated in Section 35 20 23.23, paragraph entitled "Size and Equipment of Dredge Plant".

1.3 TYPE OF CONTRACT

This solicitation is for an Indefinite Delivery-Indefinite Quantity (Task Order) Contract for one fully operational cutterhead dredge with attendant plant on a hourly basis. The task orders will be placed in accordance with the terms and conditions of this contract as requirements are identified during the stated contract period. Task orders will be issued for all dredging work to be performed under this IDIQ contract.

1.4 CONTRACT PERIOD / ORDERING PERIOD

The contract period / ordering period shall commence on the date of contract award and may remain in effect for a 24 month period. Task orders will be issued to the Contractor consecutively with no interruptions of work for the approximate number of days shown in the table in this section entitled "Approximate Cutterhead Dredge Contract Duration (Initial Consecutive Task Orders)". Upon completion of consecutive task orders, the Government will release the dredge to the Contractor. However, after the dredge has been released, additional task orders may be issued during the contract period. If the Government deems that there is a need for additional work after the dredge has been released, an Individual Request for Proposal (RFP) will be sent to the Contractor allowing only the negotiation of Bid Item 0002 "Additional Mobilization and Demobilization", with all other work within the RFP to be paid at the unit prices in the original bid. Upon receipt of the Contractor's proposal, the Government will review the proposal. If mutually agreeable, the non-consecutive task order will be issued. If not mutually agreeable to either party, the Government may seek other contractual means to accomplish the work.

SECTION 00010 Page 9

1.5 BIDDING

a. The bidder shall select only one bid lot, determined by the class of dredge intended to be used. Bids which are submitted on an inappropriate bid lot will be declared non-responsive.

b. Bidders shall furnish unit prices for all items listed on the schedule of bid items that require unit prices. If the bidder fails to insert a unit price in the appropriate blank for required items but does furnish an extended total or an estimated amount for such items, the Government will deem the unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY REQUIRED ITEM, THE BID WILL BE DECLARED

NON-RESPONSIVE.

1.6 EVALUATION OF BIDS

a. To provide fair competition between dredges of dissimilar sizes and production rates, the hourly dredging quantities have been determined based on the estimated quantity of shoal material to be removed and the nominal production rates of the dredges in each bid lot. The production rates shown in the paragraph entitled "Minimum Production Rate Requirements" located in the Dredging Regions Section(s) were used to make this determination.

b. The nominal dredge production rates listed in this solicitation were conservatively estimated based on an average "Standard" cross-sectional quantity of material for this solicitation's dredging regions, which have variable and dynamic shoaling conditions. It is the bidder's responsibility to make its own assessment of the actual dredging conditions in order to prepare a bid for this work.

c. Award will be made to that responsible bidder presenting the lowest priced responsive bid in response to this solicitation, regardless of the Bid Lot used.

d. The hourly quantities shown on the bid lots (Bid Item, "Dredging") are 100% pay time hours. The actual term of the dredge time may vary as a result of fractional pay time. Refer to Section 35 20 23.23, paragraph entitled "Dredging Item", for additional information.

1.7 CONDITIONS OF CONTRACT AWARD

a. Award will be made as a whole to one bidder. The dredge and attendant plant offered in the bidding schedule shall be complete with full operating personnel and in operating status for the contract period. EM 385-1-1, "Floating Plant and Marine Activities" shall be complied with at all times. NOTE: All work under these specifications shall be performed in accordance with the provisions of EM 385-1-1 "Safety and Occupational Health Requirements", latest edition.

b. The number of hours stated in the bidding schedule is an estimated quantity. The dredge and attendant plant will be retained for an approximate number of days shown in the table below starting no later than 240 hours after issuance of the Notice to Proceed for the initial task order ordering work.

APPROXIMATE CUTTERHEAD DREDGE

SECTION 00010 Page 10

CONTRACT DURATION

(INITIAL CONSECUTIVE TASK ORDERS)

Bid Lot Dredge Discharge Size

(ID, INCHES)

SUBMERGED

PUMP

Approximate Number of

Contract Days

1 24 NO 120

2 24 YES 100

3 27 NO 99

4 30 NO 84

5 30 YES 68

c. The bidder shall be capable of providing for assignment of the dredge and all attendant plant, complete and in full operating condition in all respects, and to commence dredging no later than 240 hours after issuance of the Notice to Proceed for the initial task order ordering work.

1.8 BIDDER QUALIFICATIONS

a. Before the Government will award a contract based on this solicitation, the apparent low bidder shall establish that it is responsible and entitled to award of the contract, by certifying that its dredge meets the appropriate production rate for the dredging region, as listed in the paragraph entitled "Minimum Production Rate Requirements" located in the Dredging Regions Section(s). The dredge must have performed at, or above, the listed production rate for at least 85 percent of the total contract duration, on any contracts that are used to prove plant capability, within three years prior to the bid opening date of this solicitation. Failure to establish the dredge's capability to meet the required production rate will result in a finding of non-responsibility.

b. A bidder may be rejected as non-responsible if it cannot show the necessary capital, experience, or equipment needed to perform the work described under this solicitation (see "Responsible Prospective Contractors" FAR Subpart 9.1). The bidder must also show that the dredge and attendant plant are not already obligated for the performance of other work which would delay commencement, performance, and completion of the solicited work; and must show that delivery of the dredge and attendant plant to the site of work can be made within the time allowed in the specifications.

c. Bidders must register in the System for Award Management (SAM) database in accordance with FAR 52.204-7-OCT 2018.

1.9 PRE-AWARD INSPECTION OF PLANT

a. The apparent low bidder shall make the dredge and attendant plant available for inspection, to determine compliance with these specifications, as soon as practicable after bids are opened, and prior to contract award. If deficiencies are found during the inspection, the bidder will be notified in writing, which may be transmitted by

SECTION 00010 Page 11 email or facsimile. Upon receipt of such notice, the bidder shall correct all deficiencies at least two calendar days in advance of the projected contract award date.

b. Two calendar days before the projected award date, or upon notification by the bidder that the deficiencies have been corrected, a Government representative will re-inspect the dredge and attendant plant. If at that time the dredge and attendant plant do not meet the requirements of these specifications, the bidder will be rejected as non-responsible.

c. The Government may choose to waive the pre-award inspection if the projected contract award date is less than five calendar days after the bid opening date. Waiver of the pre-award inspection does not relieve the bidder from the requirement to provide a dredge and attendant plant in full compliance with the specifications.

1.10 MINIMUM AND MAXIMUM CONTRACT VALUE AND TASK ORDER VALUE

a. Minimum and Maximum Contract Value: The minimum contract value for all orders issued against this contract shall not be less than $10,000.00. In the event the Government does not order the minimum contract value of $10,000.00, the Contractor is entitled to a reasonable profit on the unordered value up to $10,000.00. The maximum contract value for all orders issued against this contract shall not exceed $40,000,000.00.

b. Minimum and Maximum Task Order Value: The minimum order value for each task order issued shall not be less than $10,000.00. The maximum order value for each task order issued shall not exceed $40,000,000.00.

1.11 DEFINITIONS

a. Consecutive task order = a task order that the Government issues to the Contractor in order to provide continuous operation of the dredge and attendant plant. Consecutive task orders are unilaterally made and do not require mutual agreement. The Contractor must perform consecutive task orders. The Contractor must commence dredging immediately upon completion of previous task order(s).

b. Non-consecutive task order = a task order that the Government issues to the Contractor after the Government released the dredge and attendant plant to the Contractor and prior to expiration of the contract period. A non-consecutive task order requires mutual agreement between the Government and the Contractor prior to issuance.

The Contractor must commence dredging no later than the negotiated commencement date.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 00010 Page 12

BID BOND

(See instructions on reverse)

OMB Control Number: 9000-0045 Expiration Date: 8/31/2022

PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)

STATE OF INCORPORATION

SURETY(IES) (Name and business address)

PERCENT

OF BID

PRICE

PENAL SUM OF BOND

AMOUNT NOT TO EXCEED

MILLION(S) THOUSAND(S) HUNDRED(S) CENTS

BID IDENTIFICATION

BID DATE INVITATION NUMBER

PRINCIPAL

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1. 2.

2.

3.

3.

(Seal) (Seal) (Seal) Corporate Seal

INDIVIDUAL SURETY(IES)

SIGNATURE(S)

NAME(S)

(Typed)

1.

1.

2.

2.

(Seal) (Seal)

CORPORATE SURETY(IES)

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is NOT usable

STANDARD FORM 24 (REV. 8/2016)

Prescribed by GSA - FAR (48 CFR) 53.228(a)

FOR (Construction, Supplies or Services)

OBLIGATION:

We, the Principal and Surety(ies) are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.

CONDITIONS:

The Principal has submitted the bid identified above.

THEREFORE:

The above obligation is void if the Principal - (a) upon acceptance by the Government of the bid identified above, within the period specified therein for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to execute such further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the amount of the bid.

Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the Government.

Notice to the surety(ies) of extension(s) is waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid.

WITNESS:

The Principal and Surety(ies) executed this bid bond and affixed their seals on the above date.

DATE BOND EXECUTED (Must not be later than bid opening date)

Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number. The OMB control number for this collection is 9000-0045. We estimate that it will take 1 hour to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405.

JOINT VENTURE

OTHER (Specify)

PARTNERSHIPINDIVIDUAL

CORPORATION

INSTRUCTIONS

1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the Administrator of General Services.

2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 20% of the bid price but the amount not to exceed dollars).

4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitations listed therein. The value put into the LIABILITY LIMIT block is the penal sum (i.e., the face value) of the bond, unless a co-surety arrangement is proposed.

(b) When multiple corporate sureties are involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the form, insert only the letter identifier corresponding to each of the sureties. Moreover, when co-surety arrangements exist, the parties may allocate their respective limitations of liability under the bond, provided that the sum total of their liability equals 100% of the bond penal sum.

(c) When individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28) for each individual surety, shall accompany the bond.

The Government may require the surety to furnish additional substantiating information concerning its financial capability.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal"; and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

6. Type the name and title of each person signing this bond in the space provided.

7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "offeror."

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

Corporate Seal

LIABILITY LIMIT ($)STATE OF INCORPORATION

2.

2.

1.

1.NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

STANDARD FORM 24 (REV. 8/2016) BACK

W912P824B0037

Section 00100 - Instructions to Bidders

INSTRUCTION TO BIDDERS

SECTION 00100 - INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

SOLICITATION NUMBER: W912P824B0037

NOTE: BIDDERS MAY SUBMIT BIDS BY ONLY ONE METHOD: A) ELECTRONIC COMMERCE

(EMAIL) OR BY 2) PHYSICAL SUBMISSION. BIDDERS SHALL LIMIT THE BID SUBMITTAL TO ONE

OPTION OR THE OTHER, NOT BOTH.

Electronic Submission of Bids/Proposals (Email):

The New Orleans District utilizes electronic commerce (Email) for receipt of electronic bids under this IFB solicitation. To submit an electronic commerce (Email) bid please follow these steps:

1. Send an email containing your name, email address and bid/proposal to the following emails associated with the IFB (MUST include all emails):

KAREN.D.HARGRAVE@USACE.ARMY.MIL

CHRISTOPHER.NUCCIO@USACE.ARMY.MIL

2. ALL BIDS SUBMITTED BY EMAIL MUST CONTAIN THE SOLICITATION NUMBER IN THE

SUBJECT LINE.

3. Once the agency receives your bid/proposal at the above email addresses, you will then receive a confirmation email stating your bid/proposal was received. If a bidder does not receive a reply acknowledging receipt electronically from the New Orleans District, it is incumbent upon the bidder to seek confirmation from the issuing Contracting office by phone.

Note: The size limit for incoming emails is 35MB. Any bid/proposal over this size may not be accepted by the server and will constitute the bid not being received timely. Please note that embedded links, URLs, and other html language included may interfere with the USACE server security, which may cause emails to be removed prior to being received by the contracting office. Bidders are advised to refrain from including external links, embedded links, URLs, and other html language not germane to the proposal/bid. Please note it is a bidder’s responsibility, when transmitting its bid electronically, to ensure the receipt of its bid to the proper designee at the proper time. See FAR 14.304(b)(1)(i) regarding untimely electronic bids. Please note, MVN’s computer system firewall may cause a delay in receipt of emails, so be sure to allow ample time for possible delay. If your email would exceed 35MB you can use one of the following methods as a work-around:

Use .zip files as attachments. Combine multiple files into a .zip file to compress file size prior to adding as an email attachment.

Send multiple emails. Label each email with same subject line and indicate number of emails. For example:

Smith Construction W912P823BXXXX (1 of 2) Smith Construction W912P823BXXXX (2 of 2).

Physical Submission of Bids:

Bidders may submit their bids by hand carrying or express mail to the New Orleans District Contracting Office in Room 172. Bidders are advised to allow adequate time to ensure timely submission of its bid. Traffic onto the New Orleans District campus may be delayed by trains blocking the entrance or security either at the gate and/or inside of the building. Express delivery may be utilized but it is incumbent upon the bidder to ensure bid delivery time and date is before the receipt of bid cutoff time. See FAR 14.304(b)(1)(ii) and (c).

Bid Opening:

The Bid Opening is currently scheduled for TBA. The Contracting Officer and Contract Specialist will begin downloading bids at TBA, which is the bid submission receipt cutoff time. All bids received after TBA, will be considered late.

Audio Teleconference Bid Opening Information:

Instructions as well as any subsequent audio teleconference Bid Opening Information will be provided on SAM.GOV prior to the final closing date of this solicitation. In the event of changes to the solicitation that require a change to the closing date/time, the bid opening Audio Teleconference information will be provided via amendment.

Following the conclusion of the bid opening, in accordance with FAR 14.403(b), abstracts of offers for unclassified acquisitions shall be available for public inspection via SAM.GOV.

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed priced 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).

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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 USACE – New Orleans District, Contracting Office, Projects West Branch, 7400 Leake Avenue, Rm. 172, New Orleans, LA 70118

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

52.252-1 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):

www.acquistion.gov

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)

(a) Definitions.

Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD Assessments.

Covered contractor information system has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/asda/dpc/cp/cyber/docs/safeguarding/NIST-SP-800-171-Assessment-Methodology- Version-1.2.1-6.24.2020.pdf.

(c) Procedures.

(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer.

(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS.

(i) The email shall include the following information:

(A) Cybersecurity standard assessed (e.g., NIST SP 800-171 Rev 1).

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use the following format for the report:

Brief CAGE codes description of Date of Total Date score of System security plan supported by this the plan assessment score 110 will plan architecture achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(3) Accessibility.

(i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this section.

DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

252.215-7008 ONLY ONE OFFER (DEC 2022)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to--

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C.

3702 and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in…