Solicitation Package W912P824B0036.pdf

IFB NO. W912P824B0036

US Army Corps of Engineers New Orleans District

Gulf Coast Regional Hopper Dredge, Specification No.

OM24300

Plaquemines Parish, Louisiana and Harrison County, Mississippi

Construction Solicitation and Specifications

June 20, 2024

OM24300

REPLY TO

ATTENTION OF

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

7400 LEAKE AVENUE

NEW ORLEANS, LOUISIANA 70118

UNRESTRICTED

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.

If bid opening will be conducted virtually, please see Instructions to Bidders in future amendment. If conducted at the District, 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. Such delays DO NOT permit acceptance or consideration of late bids.

20 June 2024

Solicitation: W912P824B0036

FOR: Gulf Coast Regional Hopper Dredge, Specification No. OM24300

OM24300

DESCRIPTION AND MAGNITUDE OF WORK:The work consists of furnishing one fully crewed and equipped self-propelled trailing suction type hopper dredge for removal and satisfactory disposal of shoal material. Work will be performed in the Mississippi River and Southwest Pass, Gulfport Harbor Bar Channel, and possibly in other areas of the New Orleans District, in areas of Galveston and Mobile Districts, and in other areas deemed necessary.

ALL INQUIRIES REGARDING THIS SOLICITATION

SHOULD BE MADE TO THE FOLLOWING:

U.S. ARMY CORPS OF ENGINEE S, NEW ORLEANS

DISTRICT

CONTACTS:

PHONE: (504) 862

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

E MAIL.

BAMBI RAJA AND/OR

VERONICA GARNER-FLINT

BAMBI.L.RAJA@USACE.ARMY.MIL

-1499

AND/OR

VERONICA.GARNER-FLINT@USACE.ARMY.MIL

PHONE: (504) 862 - 1515

COLLECT CALLS NOT ACCEPTED

OM24300

PROJECT TABLE OF CONTENTS Page 1

Gulf Coast Regional Hopper Dredge Contract

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00010 00100 00600 00700 00800

BID SCHEDULE

INSTRUCTIONS TO BIDDERS

REPRESENTATIONS AND CERTIFICATIONS

CONTRACT CLAUSES

SUPPLEMENTARY CONDITIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 45 01.00 QUALITY CONTROL

01 57 20.00 30 ENVIRONMENTAL PROTECTION – MISSISSIPPI RIVER AND SOUTHWEST PASS

DREDGING REGION

01 57 20.00 32 ENVIRONMENTAL PROTECTION – GULFPORT HARBOR BAR CHANNEL DREDGING

REGION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 01 50.73 35 20 23.23 35 20 23.23 30

35 20 23.23 32

35 20 23.26

SURVEYS

HYDRAULIC DREDGING

HYDRAULIC DREDGING - MISSISSIPPI RIVER AND SOUTHWEST PASS

DREDGING REGION

HYDRAULIC DREDGING - GULFPORT HARBOR BAR CHANNEL DREDGING

REGION

NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM HOPPER DREDGE

-- End of Project Table of Contents --

Gulf Coast Regional Hopper Dredge Contract No. OM24300

This is an Unrestricted Procurement.

The w ork consists of furnishing one fully crew ed and equipped self -propelled trailing suction type hopper dredge for removal and satisfactory disposal of shoal material. Work w ill be performed in the Mississippi River and Southw est Pass, Gulfport Harbor Bar Channel, and possibly in other areas of the New Orleans District, in areas of both the Galveston and Mobile Districts, and in other areas deemed necessary.

**Bid Opening to be established by amendment.

*See paragraph 00010-1.4.

The Contractor must commence dredging no earlier than 1 March 2025 and no later than 31 March 2025.

X

BAMBI L RAJA 504-862-1499

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

01-Jul-2024

(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 _______ calendar days and complete it w ithin ________ calendar days af ter receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00010-1.2

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 __________ 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

CONTRACTING DIV-PROJ EAST BR

CORPS OF ENGINEERS 7400 LEAKE AVENUE

NEW ORLEANS LA 70118-3651

W912P8

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(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:

W912P824B0036 45

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

Gulf Coast Regional Hopper Dredge Contract OM24300

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULE

SECTION 00010 - BIDDING SCHEDULE

GULF COAST REGIONAL HOPPER DREDGE CONTRACT

LOUISIANA AND MISSISSIPPI

SOLICITATION NO. W912P824B0036

Item No

Description Estimated Quantity

Unit Unit Price

Estimated Amount

0001 Mobilization and Demobilization for Both Dredging Regions

1 Job

0002 3.5% Mississippi State Tax for Mobilization and Demobilization**

1 Job

Mississippi River and Southwest Pass Dredging Region

Dredge name: ___________________

0003 Southwest Pass - Dredging

** Hour

Option

Southwest Pass - Option Dredging

** Hour XXXXXX

Option

NMFS-Approved Protected Species Observers

30 Day

Option

Sea Turtle and Sturgeon Trawling and Relocation

30 Day

Option

Mobilization and Demobilization of Sea Turtle and Sturgeon Trawling and Relocation

1 Job

Gulfport Harbor Bar Channel Dredging Region

Dredge name: ___________________

SECTION 00010 Page 2

Item No

Description Estimated Quantity

Unit Unit Price

Estimated Amount

0008 Gulfport - Dredging** ** Hour

Option

Gulfport - Option Dredging**

** Hour XXXXXX

0010 Gulfport - Sea Turtle/Gulf Sturgeon Trawling**

** Day

Total:

**SEE BID FORM NOTES

SECTION 00010 Page 3

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.

1.7 OPTION ITEMS

PART 2

PART 3

a. The Government may require the delivery of, in whole or part, any Option Items.The Government may exercise an Option Item by written notice to the Contractor at any time after Notice to Proceed and up to 3 calendar days prior to the estimated completion date of the base line item or any previously exercised option.

b. No additional mobilization/demobilization will be paid to the Contractor for Option Item work performed within the work regions, except for Option Item "Mobilization and Demobilization of Sea Turtle and Sturgeon Trawling and Relocation" if Option Item "Sea Turtle and Sturgeon Trawling and Relocation" is exercised. The Contractor shall commence performance of optional work no more than 3 calendar days after the time the Contractor receives the Government's Notice to Proceed with the optional work.

PRODUCTS (Not Used)

EXECUTION (Not Used)

-- End of Section --

SECTION 00010 Page 9

BID BOND

(See instructions on reverse)

OMB Control Number: 9000-0045 Expiration Date: 8/31/2025

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

Section 00100 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 52.204-22 52.207-1 52.213-4

52.214-4 52.214-5 52.214-6 52.214-7 52.214-34 52.214-35

System for Award Management Alternative Line Item Proposal Notice Of Standard Competition Terms and Conditions--Simplified Acquisitions (Other Than Commercial Products and Commercial Services) False Statements In Bids Submission Of Bids Explanation To Prospective Bidders Late Submissions, Modifications, and Withdrawals of Bids Submission Of Offers In The English Language Submission Of Offers In U.S. Currency

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

OCT 2018

JAN 2017

MAY2006

FEB 2024

APR 1984

DEC 2016

APR 1984

NOV 1999

APR 1991

APR 1991

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

(End of provision)

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 ofa 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% (twenty) percent of the bid price or $3,000,000.00, whichever is less.

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

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

(End of provision)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds for which payment for contract purposes can be made. No legal liability on the part of the

Government may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

U.S. Army Corps of Engineers, New Orleans District Current Small Business Program Target Percentages

FY2024

SUBCONTRACTING

Small Business (SB)

Small Disadvantaged

41%

25.00% Business (SDB)

Women-Owned Small 6.6% Business (WOSB/EDWOSB)

HUBZone Small 6.15% Business (HUBZone)

Service-Disabled Veteran 3.6% Small Business (SDVOSB)

NOTE: The above figures are subject to change. Contact the New Orleans District Small Business Office for further information.

52.219-9 52.236-1 52.236-21 52.236-26 52.242-5 52.242-15 52.243-7 52.244-6

52.246-12 52.246-21 52.248-3 52.249-10 52.253-1

Small Business Subcontracting Plan Performance of work by the Contractor Specifications and Drawings for Construction Preconstruction Conference Payments to Small Business Subcontractors Stop-Work Order Notification Of Changes Subcontracts for Commercial Products and Commercial Services Inspection of Construction Warranty of Construction Value Engineering-Construction Default (Fixed-Price Construction) Computer Generated Forms

SEP 2023

APR 1984

FEB 1997

FEB 1995

JAN 2017

AUG 1989

JAN 2017

FEB 2024

AUG 1996

MAR 1994

OCT 2020

APR 1984

JAN 1991

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CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ***(See Notes 1&2)*** calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than than the days described in Section 00010 paragraph entitled "Conditions of Contract Award".

The time stated for completion shall include final cleanup of the premises.

Note 1: The term "commence work" in this clause refers to commence dredging.

Note 2: The Contractor shall commence dredging no earlier than 01 March 2025 and no later then 31 March 2025.

(End of clause)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity ofa unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

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).

52.219-9 Small Business Subcontracting Plan SEP 2023 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7003 Control of Government Personnel Work Product APR 1992

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(End of provision)

52.217-7 OPTION FOR INCREASED QUANTITY--SEP ARA TEL Y PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within at any time after Notice to Proceed and up to 3 calendar days prior to the estimated completion date of the base line item or any previously exercised option. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

Note: The word "schedule" in this clause refers to the bidding schedule.

(End of clause)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022)

(a) Defmitions. As used in this clause--Commercially available off-the-shelf(COTS) item

( 1) Means any item of supply that is--

( i) A commercial product ( as defined in paragraph ( 1) of the defmition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Per 46 CFR 525.l(c)(2), "bulk cargo" means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

Employee assigned to the contract means an employee who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee--

(!) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

Subcontract means any contract, as defmed in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

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(1) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(ii) Affected contract number and delivery order number if applicable;

(iii) Affected line item or subline item, if applicable; and

(iv) Contractor point of contact.

(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(End of clause)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

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

(End of clause)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will

(1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) avoid interruptions of Government operations and delays in project completion dates; and

(3) control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall-

( l) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

( c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

W912P824B0036

Page 40 of43

( d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

( e) The Contractor shall insert this clause, including this paragraph ( e ), with appropriate changes in the designation of the parties, in subcontracts.

(End of clause)

52.236-17 LAYOUT OF WORK (APR 1984)

The Contractor shall lay out its work from Government established base lines and bench marks indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor.

(End of clause)

52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract ( or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly.

However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

( c) A claim under this clause shall not be allowed-

( I) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

Note 1: For the purpose of this contract, the Contractor shall layout the work from the Government established channel centerline and gages in lieu of baselines and benchmarks. See Dredging Region Sections for details on gages.

Note 2: There are no contract drawings for the Mississippi River and Southwest Pass Dredging Region. Refer to the contract plate attached at the end of Section 35 20 23.23 30.

Note 3: There are contract drawings for the Gulfport Harbor Bar Channel Dredging Region included with these specifications.

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of clause)

52.243-4 CHANGES (JUN 2007)

(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes--

(!) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the Government-furnished property or services; or

(4) Directing acceleration in the performance of the work.

(b) Any other written or oral order (which, as used in this paragraph (b ), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating

(1) the date, circumstances, and source of the order and

(2) that the Contractor regards the order as a change order.

(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

( d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after

(1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of the proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) above.

(t) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.

(End of clause)

52.236-16 Quantity Surveys

(a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

(b) The Government shall conduct the original and final surveys and make the computations based on them.

The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting

Officer waives this requirement in a specific instance.

(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.

(End of clause)

Section 00800 - Special Instructions

PERFORMANCE EVAL-CONSTRUCTION

Contractor Performance Evaluations – Construction

In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $550,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site:

http://www.cpars.navy.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CCASS and PKI certification is the sole responsibility of the Contractor.

UAI 5131.105

CONSTRUCTION AND ARCHITECT-ENGINEER (A-E) CONTRACTS (UAI 5131.105)

(d) (2) (i) (B) In accordance with FAR 31.105 (d) (2) (i) (b), for the predetermined schedule of construction equipment use rates, use Engineer Pamphlet (EP) 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule.

(End of special contract requirement) Note 1: Costs for repairs or overhauling are not allowed.

Note 2: A copy of the "EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE" (Region III) can be obtained from the following website:

https://www.publications.usace.army.mil/Portals/76/Users/182/86/2486/EP%201110-1-8_RV1-12.pdf?ver=x6psY-gBPGg5dSOqQdjEMg%3d%3d.

UAI 5122.1302-100

VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS (UAI

5122.1302.100)

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S.

veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans' Employment and Training Service (VETS): https://www.dol.gov/vets/ Federal veteran employment information: www.fedshirevets.gov/index.aspx Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow/ U.S. Army Warrior Transition Command Employment Index:

https://wtc.army.mil/modules/employers/index.html Hiring Our Heroes initiative: www.uschamberfoundation.org/hiring-our-heroes

U.S. Department of Labor Wage and Hour Division Washington, D.C. 20210

Response to SF-308 Request for

Davis-Bacon Project Wage Determination

Project Wage Decision Number: 2024FL-24095308041624-Bay

State: Florida

County: Bay

Construction Type: Heavy & Hopper Dredging

Agency: U.S. Army Corps of Engineers

Contract Number: W912P824B0036

Project Name: Mississippi River Baton Rouge to Gulf of Mexico Southwest Pass Hopper Dredge

Description of Work (as clarified): The work consists of furnishing one fully crewed and equipped self-propelled trailing suction type hopper dredge. Work will be performed in Mississippi River Southwest Pass and possibly in other areas of the New Orleans District, in areas of both the Galveston and Mobile Districts, and in other areas deemed necessary.

Date of Decision: 04/16/2024 Expires: 10/16/2024

Modification Number: N/A

Classification Hourly Rate Fringe Benefits Derrick Operator $17.20 $0.00 Dozer Operator $17.20 $0.00 Dredge 16” and over Deckhand $17.20 $0.00 Dredge Tender Operator $17.20 $0.00 Fireman $17.20 $0.00 First Assistant Engineer $17.20 $0.00 Leverman $17.20 $0.00 Oiler $17.20 $0.00 Second Assistant Engineer $17.20 $0.00 Shoreman $17.20 $0.00 Third Assistant Engineer $17.20 $0.00 Truck Driver $17.20 $0.00

Dredge 16” and under Deckhand $17.20 $0.00 Dredge Tender Operator $17.20 $0.00 Fireman $17.20 $0.00 First Assistant Engineer $17.20 $0.00 Leverman $17.20 $0.00 Oiler $17.20 $0.00 Hydraulic Dredging First Cook $17.20 $0.00 Handyman $17.20 $0.00 Janitor - Cabin Person $17.20 $0.00 Second Cook $17.20 $0.00 Marsh Buggy Dragline Oiler $17.20 $0.00 Operator $17.20 $0.00 Self-Propelled Hopper Dredge Drag Tenders $17.20 $0.00

This wage determination is specifically for the project listed above. It cannot be used for any other purpose including contracts and or project.

Further, in the event the above referenced contract is subject to Executive Order (EO) 14026 and the approved conformed hourly wage rate (not including any fringe benefits) is less than the EO minimum wage, you are required to comply with the minimum wage requirements of EO 14026, codified at 29 CFR Part 10. Please note that this EO 14026 applies to contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). See https://www.dol.gov/agencies/whd/government-contracts/eo14026 for additional information regarding EO 14026, including coverage and minimum wage requirements.

If you have any questions and or additional comments, please do not hesitate to contact me at Thomas.Rhontia@dol.gov.

Approved by:

p.p.

RhonTia Thomas-Johnson, Chief Branch of Construction Wage Determinations 202-693-0806 | Thomas.rhontia@dol.gov mailto:Thomas.Rhontia@dol.gov mailto:Thomas.rhontia@dol.gov

Project Wage Decision Number: 2024FL-24095308041624-Escambia

State: Florida

County: Escambia

Construction Type: Heavy & Hopper Dredging

Agency: U.S. Army Corps of Engineers

Contract Number: W912P824B0036

Project Name: Mississippi River Baton Rouge to Gulf of Mexico Southwest Pass Hopper Dredge

Description of Work (as clarified): The work consists of furnishing one fully crewed and equipped self-propelled trailing suction type hopper dredge. Work will be performed in Mississippi River Southwest Pass and possibly in other areas of the New Orleans District, in areas of both the Galveston and Mobile Districts, and in other areas deemed necessary.

Date of Decision: 04/16/2024

Dozer Operator $17.20 $0.00 Dredge 16” and over Deckhand $17.20 $0.00 Dredge Tender Operator $17.20 $0.00 Fireman $17.20 $0.00 First Assistant Engineer $17.20 $0.00 Leverman $17.20 $0.00 Oiler $17.20 $0.00 Second Assistant Engineer $17.20 $0.00 Shoreman $17.20 $0.00

Dredge Tender Operator $17.20 $0.00 Fireman $17.20 $0.00 First Assistant Engineer $17.20 $0.00 Leverman $17.20 $0.00 Oiler $17.20 $0.00 Hydraulic Dredging First Cook $17.20 $0.00 Handyman $17.20 $0.00 Janitor - Cabin Person $17.20 $0.00 Second Cook $17.20 $0.00 Marsh Buggy Dragline Oiler $17.20 $0.00 Operator $17.20 $0.00

Further, in the event the above referenced contract is subject to Executive Order (EO) 14026 and the approved conformed hourly wage rate (not including any fringe benefits) is less than the EO minimum wage, you are required to comply with the minimum wage requirements of EO 14026, codified at 29 CFR Part 10. Please note that this EO 14026 applies to contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). See https://www.dol.gov/agencies/whd/government-contracts/eo14026 for additional information regarding EO 14026, including coverage and minimum wage requirements.

If you have any questions and or additional comments, please do not hesitate to contact me at Thomas.Rhontia@dol.gov.

202-693-0806 | Thomas.rhontia@dol.gov

Project Wage Decision Number: 2024AL-24092308041624-Mobile

State: Alabama

County: Mobile

Construction Type: Heavy & Hopper Dredging

Agency: U.S. Army Corps of Engineers

Solicitation Number: W912P824B0036

Project Name: Mississippi River Baton Rouge to Gulf of Mexico Southwest Pass Hopper Dredge

Description of Work (as clarified): The work consists of furnishing one fully crewed and equipped self-propelled trailing suction type hopper dredge. Work will be performed in Mississippi River Southwest Pass and possibly in other areas of the New Orleans District, in areas of both the Galveston and Mobile Districts, and in other areas deemed necessary.

Date of Decision: 04/16/2024

Dozer Operator $17.20 $0.00 Dredge 16” and over Deckhand $17.20 $0.00 Dredge Tender Operator $17.20 $0.00 Fireman $17.20 $0.00 First Assistant Engineer $17.20 $0.00 Leverman $17.20 $0.00 Oiler $17.20 $0.00 Second Assistant Engineer $17.20 $0.00 Shoreman $17.20 $0.00

Dredge Tender Operator $17.20 $0.00 Fireman $17.20 $0.00 First Assistant Engineer $17.20 $0.00 Leverman $17.20 $0.00 Oiler $17.20 $0.00 Hydraulic Dredging First Cook $17.20 $0.00 Handyman $17.20 $0.00 Janitor - Cabin Person $17.20 $0.00 Second Cook $17.20 $0.00 Marsh Buggy Dragline Oiler $17.20 $0.00 Operator $17.20 $0.00

Further, in the event the above referenced contract is subject to Executive Order (EO) 14026 and the approved conformed hourly wage rate (not including any fringe benefits) is less than the EO minimum wage, you are required to comply with the minimum wage requirements of EO 14026, codified at 29 CFR Part 10. Please note that this EO 14026 applies to contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). See https://www.dol.gov/agencies/whd/government-contracts/eo14026 for additional information regarding EO 14026, including coverage and minimum wage requirements.

If you have any questions and or additional comments, please do not hesitate to contact me at Thomas.Rhontia@dol.gov.

202-693-0806 | Thomas.rhontia@dol.gov

Project Wage Decision Number: 2024MS-24094308041724

State: Mississippi

County: Jackson

Construction Type: Heavy Dredging Construction Project

Agency: U.S. Army Corps of Engineers

Solicitation Number: W912P824B0036

Project Name: Mississippi River Baton Rouge to Gulf of Mexico Southwest Pass Hopper Dredge.

Description of Work (as clarified): The work consists of furnishing one fully crewed and equipped self-propelled trailing suction type hopper dredge.

Date of Decision: 04/17/2024 Expires: 10/17/2024

Modification Number: N/A

Classification Hourly Rate Fringe Benefits Derrick Operator $17.20 $0.00 Dozer Operator $17.20 $0.00

Hydraulic Dredge 16” and over Deckhand $17.20 $0.00 Dredge Tender Operator $17.20 $0.00 Fireman $17.20 $0.00 First Assistant Engineer $17.20 $0.00 Leverman $17.20 $0.00 Oiler $17.20 $0.00 Second Assistance Engineer $17.20 $0.00 Shoreman $17.20 $0.00 Third Assistant Engineer

$17.20 $0.00

Dredge Under 16”

Dredge Tender Operator $17.20 $0.00 Leverman $17.20 $0.00 Oiler $17.20 $0.00 Welder $17.20 $0.00

Hydraulic Dredging First Cook $17.20 $0.00 Handyman $17.20 $0.00 Janitor – Cabin Person $17.20 $0.00 Mess Person $17.20 $0.00 Second Cook $17.20 $0.00

Marsh Buggy Dragline Oiler $17.20 $0.00 Operator $17.20 $0.00 Self-Propelled Hopper Dredge- Drag Tenders

$17.20 $0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

This wage determination is specifically for the project listed above. It cannot be used for any other purpose including contracts and or projects.

Further, in the event the above referenced contract is…