NOM014 IFB Solicitation.pdf

IFB

US Army Corps of Engineers Alaska District

NOM014

(P2 No. 476876)

2021-2023 NOME HARBOR

MAINTENANCE DREDGING

NOME, ALASKA

W911KB21B0001

November 2, 2020

(INTENTIONALLY LEFT BLANK)

2021-2023 Nome Harbor Maintenance Dredging

Nome, Alaska

TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

Section 00 11 00 Solicitation, Contract Forms, Caution to Offerors Section 00 11 01 Bid/CLIN Schedule Section 00 21 00 Instructions, Conditions, and Notices to Offerors Section 00 45 00 Representations and Certifications Section 00 72 00 Contract Clauses Section 00 73 00.00 29 Special Contract Requirements Section 00 73 46 Wage Rates

DIVISION 01 – GENERAL REQUIREMENTS

Section 01 19 40.00 29 Special Items (Civil Works) Section 01 22 00.00 10 Price and Payment Procedures Section 01 33 00 Submittal Procedures Section 01 35 26 Governmental Safety Requirements Section 01 42 00 Sources for Reference Publications Section 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) Section 01 45 04.00 29 Contractor Quality Control Section 01 57 20.01 29 Environmental Protection

DIVISION 31 – EARTHWORK

Section 31 09 13.00 29 Surveys (Civil Works)

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

Section 35 20 24.00 29 Maintenance Dredging

--End of Project Table of Contents--

2021-2023 Nome Harbor Maintenance Dredging, Nome, Alaska

NAICS 237990

Size Standard $30 Million

TOTAL SMALL BUSINESS SET-ASIDE

DESCRIPTION OF WORK: Perform dredging, placement of dredged materials using the designated placement site, and pre- and post-dredge surveys at Nome Harbor in Nome, Alaska for the base and options (if aw arded). The Contractor is to furnish all labor, equipment, supplies, materials, supervision, and other items and services necessary to accomplish the w ork. The Contractor shall comply w ith commercial and industry standards as w ell as all applicable Federal, State, and local law s, regulations, and procedures. A fuel price adjustment provision for the dredging plant is included as Time and Material CLINs. The type of contract shall be firm-fixed price. Construction w age rates (formerly Davis-Bacon Act w age rates) shall apply.

AWARD IS SUBJECT TO AVAILABILITY OF FUNDS

X

RONALD PERRY 907-753-2540

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

02-Nov-2020

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ 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 ______________03 Dec 2020 (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

U.S. ARMY ENGINEER DISTRICT, AK

CEPOA-CT (W911KB)

PO BOX 6898

JBER AK 99506-0898

W911KB

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:

W911KB21B0001 86

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

CAUTION TO BIDDERS

(a) BUSINESS HOURS: Bids will be accepted in Room 30 during Alaska District Corps of Engineers business hours (7:30 AM to 4:30PM) Monday through Friday excluding holidays up to the date bids are due. On the date bids are due the business hours will be 7:30 AM up to the time bids are due.

(b) SUBMIT BIDS: We will not accept hand delivered bids. For large files or secure transmittal bids they can be provided via email to the following email addresses:

Ronald.Perry@usace.army.mil and Christine.A.Dale@usace.army.mil

Please be sure to submit offers by the time specified on Standard Form 1442, Block 13A or as amended.

Any bids that are received at the designated Government office after the exact time specified for receipt of bids will be considered “late”: and will be subject to the procedures in FAR 14.304 and 52.214-7.

(c) VISITORS TO JBER: Please note that base entry procedures have changed. See Section 00 21 00 Instructions to Bidders for JBER access information.

(d) AMENDMENTS: Have you acknowledged receipt of ALL amendments on the SF1442? If in doubt as to the number of amendments issued, please contact Ronald Perry, (907) 753-2549 or Christine Dale, (907) 753-5618. See also FAR 52.214-3, Amendments to Invitations for Bids in Section 00 21 00.

(e) AMENDED SOLICITATION PAGES: If any of the amendments furnished amended pages, the amended pages must be used in submitting your offer.

(f) BID GUARANTEE: Sufficient offer guarantee in proper form (SF 24) must be furnished with your bid.

(g) MISTAKES: Have you reviewed your offer price for possible errors in calculation or work left out?

(h) BID ACCEPTANCE PERIOD: The minimum OFFER acceptance period is specified in Block 13D of the Standard Form 1442, Solicitation, Offer and Award. Please ensure that you allow at least the stated number of calendar days for the Government to accept your bid.

(i) WEB-SITE: The solicitation, specifications, drawings, lists of interested vendors, and amendments (if any) are available through the project links at the website www.betaSAM.gov.

SECTION 00 11 01

BID/CLIN SCHEDULE

2021-2023 NOME HARBOR MAINTENANCE DREDGING

NOME, ALASKA

BASE ITEMS (2021)

CLIN Estimated Unit No. Description Quantity Unit Price Amount

0001 Mobilization and Demobilization, 1 JOB $ $ 2021 complete.

0002 Dredging and Placement, Inner Harbor, Harbor Approach Channel, Inner Entrance Channel, and Transition, 2021 complete.

0002AA First 12,000 cubic 12,000 CY $ $ yards.

0002AB All Over 12,000 12,000 CY $ $ cubic yards.

0003 Fuel Cost for Dredging, CLIN 0002 Only, NTE JOB $33,000.00 amount, 2021 complete.

0004 Hydrographic/Topographic 2 EA $ $ Surveys, 2021 complete.

Total of Base Items 0001 thru 0004 $

OPTIONAL ITEMS (2021)

0005 Dredging and Placement, Outer Entrance Channel, 2021 complete.

0005AA First 10,000 cubic 10,000 CY $ $ yards.

0005AB All Over 10,000 10,000 CY $ $ cubic yards.

0006 Fuel Cost for Dredging, CLIN 0005 Only, NTE JOB $22,000.00 amount, 2021 complete.

CLIN Estimated Unit No. Description Quantity Unit Price Amount

OPTIONAL ITEMS (2021) - CONTINUED

0007 Dredging and Placement, East Sediment Trap, 2021 complete.

0007AA First 15,000 cubic 15,000 CY $ $ yards.

0007AB All Over 15,000 10,000 CY $ $ cubic yards.

0008 Fuel Cost for Dredging, CLIN 0007 Only, NTE JOB $24,000.00 amount, 2021 complete.

0009 Hydrographic/Topographic Interim Condition Survey, 1 EA $ $ 2021 complete.

Total of Optional Items 0005 thru 0009 $

OPTIONAL ITEMS (2022)

0010 Mobilization and Demobilization, 1 JOB $ $ 2022 complete.

0011 Dredging and Placement, Inner Harbor, Harbor

Approach Channel, Inner Entrance Channel, and Transition, 2022 complete.

0011AA First 12,000 cubic 12,000 CY $ $ yards.

0011AB All Over 12,000 12,000 CY $ $ cubic yards.

0012 Fuel Cost for Dredging, CLIN 0011 Only, NTE JOB $33,000.00 amount, 2022 complete.

0013 Hydrographic/Topographic 2 EA $ $ Surveys, 2022 complete.

OPTIONAL ITEMS (2022) - CONTINUED

0014 Dredging and Placement, Outer Entrance Channel, 2022 complete.

0014AA First 10,000 cubic 10,000 CY $ $ yards.

0014AB All Over 10,000 10,000 CY $ $ cubic yards.

0015 Fuel Cost for Dredging, CLIN 0014 Only, NTE JOB $22,000.00 amount, 2022 complete.

0016 Dredging and Placement, East Sediment Trap, 2022 complete.

0016AA First 15,000 cubic 15,000 CY $ $ yards.

0016AB All Over 15,000 10,000 CY $ $ cubic yards.

0017 Fuel Cost for Dredging, CLIN 0016 Only, NTE JOB $24,000.00 amount, 2022 complete.

0018 Hydrographic/Topographic Interim Condition Survey, 1 EA $ $ 2022 complete.

Total of Optional Items 0010 thru 0018 $

OPTIONAL ITEMS (2023)

0019 Mobilization and Demobilization, 1 JOB $ $ 2023 complete.

0020 Dredging and Placement, Inner Harbor, Harbor

Approach Channel, Inner Entrance Channel, and Transition, 2023 complete.

0020AA First 12,000 cubic 12,000 CY $ $ yards.

0020AB All Over 12,000 12,000 CY $ $ cubic yards.

OPTIONAL ITEMS (2023) - CONTINUED

0021 Fuel Cost for Dredging, CLIN 0020 Only, NTE JOB $33,000.00 amount, 2023 complete.

0022 Hydrographic/Topographic 2 EA $ $ Surveys, 2023 complete.

0023 Dredging and Placement, Outer Entrance Channel, 2023 complete.

0023AA First 10,000 cubic 10,000 CY $ $ yards.

0023AB All Over 10,000 10,000 CY $ $ cubic yards.

0024 Fuel Cost for Dredging, CLIN 0023 Only, NTE JOB $22,000.00 amount, 2023 complete.

0025 Dredging and Placement, East Sediment Trap, 2023 complete.

0025AA First 15,000 cubic 15,000 CY $ $ yards.

0025AB All Over 15,000 10,000 CY $ $ cubic yards.

0026 Fuel Cost for Dredging, CLIN 0025 Only, NTE JOB $24,000.00 amount, 2023 complete.

0027 Hydrographic/Topographic Interim Condition Survey, 1 EA $ $

2023 complete.

Total of Optional Items 0019 thru 0027 $

Total of Base and Optional Items 0001 thru 0027 $

BID/CLIN SCHEDULE NOTES.

1. ESTIMATED DREDGE QUANTITIES: The dredging and disposal volume shown in the estimated quantity column are based on historic maintenance dredging requirements and recent survey data for the project site. Actual quantity of available dredge material may vary year to year. Offerors shall reference the following:

FAR 52.232-18 Availability of Funds FAR 52.217-5 Evaluation of Options FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item FAR 52.211-18 Variation in Estimated Quantity SCR-GE116 Evaluation of Subdivided Items SCR-GE117 Variations in Estimated Quantities, Subdivided Items

2. Fuel Costs: CLINs 0003, 0006, 0008, 0012, 0015, 0017, 0021, 0024, and 0026 are Time-and-Materials line items with Not to Exceed (NTE) amounts established in the schedule by the Government. The dollar amount of the fuel CLINs shall be included by the offeror to determine their total bid price.

The following contract clauses and provisions apply only to CLINs 0003, 0006, 0008, 0012, 0015, 0017, 0021, 0024, and 0026:

FAR 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements --- Commercial Item Acquisition (Feb 2007) FAR 52.232-7 Payments under Time-and-Materials and Labor-Hours Contracts (Aug 2012) FAR 52.243-3 Changes- Time-and-Materials or Labor-Hours (Sept 2000) FAR 52.244-2 Subcontracts (Jun 2020) FAR 52.246-6 Inspection --- Time-and-Material and Labor-Hour (May 2001)

EVALUATION OF BIDS.

1. INCOMPLETE BIDS: Failure to submit a bid on all items in the schedule will result in an incomplete bid and the bid shall be rejected. Unit or lump sum prices must be shown for each item within the schedule.

2. AWARD: Award shall be made to the low, responsive, responsible bidder as determined in accordance with 52.217-5 EVALUATION OF OPTIONS (JUL 1990).

3. ARITHMETIC DISCREPANCIES:

(a) For the purpose of initial evaluation of bids, the following shall be utilized in resolving arithmetic discrepancies found on the face of schedules as submitted by the bidder:

(1) Obviously misplaced decimal points shall be corrected;

(2) Discrepancy between unit price and extended price, the unit price shall govern;

(3) Apparent errors in extension of unit prices shall be corrected;

(4) Apparent errors in addition of lump sum and extended prices shall be corrected.

(b) For the purpose of bid evaluation, the Government shall proceed on the assumption that the bidder intends their bid to be evaluated on the basis of unit prices, the total arrived at by resolution of arithmetic discrepancies as provided above, and the bid shall be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

4. SPECIAL OFFER CONDITION: If a modification to a bid based on unit prices is submitted which provides for a lump sum adjustment to the total bid price, the application of the lump sum adjustment to each unit price in the bidding schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bidding schedule.

-- End of BID/CLIN SCHEDULE --

Section 00 21 00 - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

I NSTRUCTIONS TO BIDDERS

1. MAGNITUDE OF CONSTRUCTION

The magnitude of this project is between $5,000,000 and $10,000,000.

2. SOLICITATION

The solicitation in electronic format only will be available for download at https://beta.sam.gov/.

Reference synopsis for download instructions.

3. BOND AMOUNT REQUIRED (FAR CLAUSE 52.228-15) Performance and Payment Bonds:

(1) The penal amount of the bonds shall be 100 percent of the original price.

(2) The Government may require additional bond protection when a contract price is increased.

The increase in protection shall generally equal 100 percent of the increase in contract price. The Government may secure additional protection by directing the contractor to increase the penal amount of the existing bond or obtain an additional bond.

4. BID GUARANTEE (FAR CLAUSE 52.228-1)

The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

5. OFFEROR'S QUESTIONS AND COMMENTS

Point of Contact for this solicitation is:

C ontract Specialist – Primary POC (Ronald Perry)

U.S. Army Engineer District, Alaska ATTN:

CEPOA-CT (Perry) P.O. Box 6898 JBER, Alaska 99506-0898 Phone: 907-753-2549

Email: ronald.perry@usace.army.mil. With a courtesy copy to the Contracting Officer christine.a.dale@usace.army.mil.

Bidder Inquiry

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) 7 Calendar Days prior to bid submission. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing. All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted in an amendment to the solicitation in the form of a report generated from ProjNet as soon as the comment/question entering period is over and all answers are finalized. In the event of a conflict between the bidder inquiry responses and the solicitation, the solicitation shall govern.

The Bidder Inquiry Key is: K7KJ2W-TN9GTQ

The Solicitation Number is: W911KB21B0001

Specific Instructions for ProjNet Bid Inquiry Access:

1) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2) Identify the Agency. This should be marked as USACE.

3) Key. Enter the Bidder Inquiry Key listed above.

4) Email. Enter the email address you would like to use for communication.

5) Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6) Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7) Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1) For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3) Identify the Agency. This should be marked as USACE.

4) Key. Enter the Bidder Inquiry Key listed above.

5) Email. Enter the email address you used to register previously in ProjNet.

6) Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7) Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

6. PRE-BID CONFERENCE CALL

See 52.236-27 – Site Visit (Construction) for pre-bid conference call and site visit information.

7. BID SUBMISSION INSTRUCTIONS

Bidders must email bids to be received no later than the date and time stated on the standard form (SF) 1442 or subsequent solicitation amendment. Questions concerning bid receipt can be directed to the Contract Specialist/Contracting Officer listed in the solicitation. Bids may be emailed to:

Ronald.perry@usace.army.mil AND Christine.a.dale@usace.army.mil

B idders are advised to plan accordingly. No arrangements will be made by the government to assist in bid delivery. Day-pass procedures will not be used for bid delivery purposes nor are there bid pick-up services. No escort services will be provided. It is incumbent on the bidder to plan for unanticipated delays in delivery of bids.

Bids will no longer be accepted via personal delivery services such as DHL, UPS or FedEx due to COVID mandates.

Bids will be received no later than the date and time stated on the SF1442 or subsequent solicitation amendment at:

Mailing Address:

U.S. Army Corps of Engineers, Alaska District ATTN:

CEPOA-CT (Perry) PO Box 6898 JBER, Alaska 99506-0898

Physical Address:

U.S. Army Corps of Engineers, Alaska District ATTN:

CEPOA-CT (Perry) 2204 3rd Street JBER, Alaska 99506

Due to COVID-19 regulations and precautions, bids will not be accepted in person The Packaging that contains the Bids shall be marked:

”Bids for Solicitation Number: W911KB21B0001, DO NOT OPEN”

(Note: Facsimile bids or amendments will be NOT accepted however bids may be e-mailed per instructions below.)

Bids will be publicly opened. Information concerning the status of the bids will be available after receipt of bid verification.

8. E-MAILED BIDS

E-mail bids will be accepted and must reach the intended recipients by the time specified in the solicitation or subsequent amendment. However, the only type of bid guarantee that will be accepted by electronic means is a bid bond at bid opening. Any other type of bid guarantee will only be accepted in original format.

E-mailed bids must contain the required signatures. E-mailed bids that fail to furnish required representations or information or that reject any of the terms, conditions, or provisions of the solicitation may be excluded from consideration.

If the bidder chooses to e-mail a bid, the Government will not be responsible for any delay or failure in the transmission or receipt of the bid. It is recommended that the bidder contact the intended recipient to confirm receipt prior to the due date and time specified in the solicitation.

Email bid to: ronald.perry@usace.army.mil with a courtesy copy to the Contracting Officer cchristine.a.dale@usace.army.mil.

9. BID OPENING CONFERENCE CALL INFORMATION

The Bid Opening will be stated on the SF1442 or subsequent solicitation amendment:

Due to COVID-19 precautions, offerors are notified that the government will be setting up an audio conference call for the bid opening.

Teleconference Info:

US Toll Free 1-844-800-2712 US Caller Paid 1-669-234-1177 Access Code 199 404 4774

10. EXCLUSION OF DEBARRED AND SUSPENDED CONTRACTORS

By entering into this contract, the Contractor certifies that neither it, nor any person or firm who has an interest in the Contractor's firm, is a person, or firm ineligible to be awarded Government contracts by virtue of being suspended or debarred in accordance with FAR subpart 9.4.

11. WEB-SITE: The solicitation, specifications, drawings, lists of interested vendors, and amendments (if any) are available through the project links at the website www.betaSAM.gov.

12. CORPORATION, JOINT VENTURE, AND LLC PROPOSAL REQUIREMENTS

All bidders must submit one of the certificates associated with their business enterprise (corporation, JV, LLC) located in this solicitation.

BUSINESS CERTIFICATIONS

If the offer is submitted by a corporation, partnership, Joint Venture or an LLC, the applicable form listed must be completed. In the alternative, other evidence must be submitted to substantiate the authority of the person signing the offer. If a corporation, the same officer shall not execute both the offer and the certificate.

NOTE: LLCs must submit Operating Agreement & Articles of Organization with their certificate.

CORPORATION

I, , certify that I am of the corporation named as

Contractor herein, that who signed this contract on behalf of the Contractor was then of said governing body and is within the scope of its corporate powers.

CORPORATE SEAL SIGNED:

LIMITED LIABILITY COMPANY (LLC)

I, , certify that I am the of the LLC named as

Offeror/Contractor herein; that who signed this offer/contract on behalf of the

Offeror/Contractor was then of said LLC; that said offer/contract was duly signed for and on behalf of said LLC by authority of its governing body, and is within the scope of its corporate powers.

SIGNED:

Name:

Title:

SIGNED:

Name:

Title:

In addition provide a copy of LLC Operating Agreement and Articles of Organization showing which members are authorized to sign documents binding the company.

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the offer had authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments, on behalf of said partnership, with the United States of America, except as follows: (State "none" or describe limitations, if any.)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Type or Print Name) (Signature)

(Type or Print Name) (Signature)

JOINT VENTURE

I, , certify that I am the Secretary of the Corporation named as

Offeror/Contractor Herein, that who signed this offer/contract on behalf of the Offeror/Contractor was then of said corporation by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said corporation this day of

CORPORATE SEAL SIGNED:

PRE-AWARD QUESTIONNAIRE

2021 - 2023 Nome Harbor Maintenance Dredging

Nome, Alaska Solicitation W911KB21B0001

CONTRACTOR NAME AND ADDRESS:

TYPE OF BUSINESS:

Individual Partnership LLC Joint Venture Corporation in the State of ______________________

SIZE: Small (Average gross receipt for the past 3 years is less than or equal to $4M) Large

1. Financial Ability: Please attach a certified current balance sheet and latest profit and loss statement signed by an officer of the company. The last financial statement will be acceptable if it is less than 6 months old.

Dun & Bradstreet Rating _________ Thomas Register Rating __________

2. Ability to comply with required delivery; List current work with the expected completion date, dollar value, firm/agency, point of contact, and telephone.

3. Reputation and Integrity:

Name POC Telephone No.

Bank:

Subcontractor:

Other:

4. Conforming to the requirements of the standard nondiscrimination clause: (Describe how this is accomplished.)

5. Necessary capability to perform: (Describe technical capability.)

6. Equipment and facilities:

7. Performance and Payment Bonds:

8. List all pending contract claims. State nature of claim, amount, and approximate date filed.

9. List all pending lawsuits or unsatisfied judgments against your firm, the nature of same and Court where filed or adjudicated. Lawsuits or judgments where full payment will be made or are covered by your insurance are not to be included.

Signed:____________________________________

Typed/Printed Name:____________________________________ Title:____________________________________ Date:_________________

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 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 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.223-4 Recovered Material Certification MAY 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

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

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

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

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

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

(End of provison)

52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING (JAN 1986)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and (e) the specifications.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price with Time & Materials Fuel CLINs contract resulting from this solicitation.

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).

52.222-23 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

15.1 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 Nome, AK.

52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C.

4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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, 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.

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 CEPOA-CT (Dale) P.O. Box 6898

JBER, AK 99506-0898

(Physical Address: 2204 Third Street, Room 30, JBER, AK 99506)

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

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

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

(b) No formal site visit is scheduled; however, a pre-bid conference call will be held on 17 November 2020 at 10:00 AM Alaska Standard Time.

Teleconference Info:

US Toll Free 1-844-800-2712 US Caller Paid 1-669-234-1177 Access Code 199 404 4774

(End of Provision)

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

(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

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

(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.

Section 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

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

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity.