W91236-17-B-0011.pdf

W9123617B0011

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Each Base Year-Full Mobi/Demob

FFP

Full mobilization and demobilization of all plant and equipment for ALL Task Orders during the BASE YEAR, exclusive of items 0002 thru 2010 FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 2 Each Base Year- Partial Demob/Remob

FFP

PARTIAL demobilization and remobilization between Task Orders during the BASE YEAR, Exclusive of items 0001 and 0003 thru 2010

UNIT UNIT PRICE MAX AMOUNT

0003 261,000 Cubic Yard

Base Year- Placement of Dike Material

FFP

Place dike material at CI Dike per BD & AD Surveys, including all plant, methods and labor, complete as indicated and specified for ALL Task Orders during the BASE YEAR, exclusive of items 0001 thru 0002 and 0004 thru 2010.

UNIT UNIT PRICE MAX AMOUNT

0004 40,000 Cubic

Base Year- Placement of Add'l Material

Place additional material into CI Dike ponds not included in the original drawing template, including all plant, methods, and labor, complete as indicated and specified for ALL Task Orders during the BASE YEAR, exclusive of items 0001 thru 0003 and 0005 thru 2010.

UNIT UNIT PRICE MAX AMOUNT

0005 40,000 Cubic

Base Year- Volume Lost Due to Settlement

Volume of CI Dike material lost to settlement which is not included in the AD surveys including all plant, methods, and labor, complete as indicated and specified for ALL Task Orders during the BASE YEAR, exclusive of items 0001 thru 0004 and 0006 thru 2010.

UNIT UNIT PRICE MAX AMOUNT

0006 145 Each Base Year- Gradation Testing

FFP

Gradation testing at CI borrow areas, 1 per 3000 CY of material, complete as indicated and specified for ALL Task Orders during the BASE YEAR, exclusive of items 0001 thru 0005 and 0007 thru 2010.

UNIT UNIT PRICE MAX AMOUNT

0007 44,600 Linear Foot

Base Year-Surveying at Dike Raising Area

Surveying at CI Dike raising areas, complete as indicated and specified for ALL Task Orders during the BASE YEAR, exclusive of items 0001 thru 0006 and 0008 thru 2010.

UNIT UNIT PRICE MAX AMOUNT

0008 40 Acre Base Year- Grubbing and Clearing

FFP

Grubbing and clearing, complete as indicated and specified for ALL Task Orders during the BASE YEAR, exclusive of items 0001 thru 0007 and 0009 thru 2010

UNIT UNIT PRICE MAX AMOUNT

0009 23 Acre Base Year- Hydroseeding

FFP

Hydroseeding, completed as indicated and specified for ALL Task Orders during the BASE YEAR, exclusive of items 0001 thru 0008 and 0010 thru 2010.

UNIT UNIT PRICE MAX AMOUNT

0010 27 Days Base Year- SITE RENOVATIONS

FFP

Maintain Contractor’s borrow area work sites and access to them after major weather events for ALL Task Orders during the BASE YEAR, exclusive of items 0001 thru 0009 and 1001 thru 2010 (Note: Based on projected weather delay days for the period of performance).

UNIT UNIT PRICE MAX AMOUNT

1001 1 Each OPTION Option Year 1-Full Mob/Demob

FFP

Full mobilization and demobilization of all plant and equipment for ALL Task Orders during OPTION YEAR 1, exclusive of items 0001 thru 0010 and 1002 thru 2010.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 2 Each OPTION Option Year 1-Partial Demob/Remob

FFP

PARTIAL demobilization and remobilization for ALL Task Orders during OPTION YEAR 1, Exclusive of items 0001 thru 1001 and 1003 thru 2010

UNIT UNIT PRICE MAX AMOUNT

1003 261,000 Cubic

OPTION Option Year 1-Placement Dike Material

Place dike material at CI Dike per BD & AD Surveys, including all plant, methods and labor, complete as indicated and specified for ALL Task Orders during OPTION YEAR 1, exclusive of items 0001 thru 1002 and 1004 thru 2010

UNIT UNIT PRICE MAX AMOUNT

1004 40,000 Cubic

OPTION Option Year 1 Placement/ Add'l Material

Place additional material into CI Dike ponds not included In the original drawing template, including all plant methods, and labor, complete as indicated and specified for ALL Task Orders during OPTION YEAR 1, exclusive of items 0001 thru 1003 and 1005 thru 2010

UNIT UNIT PRICE MAX AMOUNT

1005 40,000 Cubic

OPTION Option Year1-Vol. Lost Due to Settlement

Volume of CI Dike material lost to settlement which is not included in the AD surveys including all plant, methods, and labor, complete as indicated and specified for ALL Task Orders during OPTION YEAR 1, exclusive of items 0001 thru 1004 and 1006 thru 2010

UNIT UNIT PRICE MAX AMOUNT

1006 145 Each OPTION Option Year 1-Gradation Testing

FFP

Gradation testing at CI borrow areas, 1 per 3000 CY of material, complete as indicated and specified for ALL Task Orders during OPTION YEAR 1, exclusive of items 0001 thru 1005 and 1007 thru 2010

UNIT UNIT PRICE MAX AMOUNT

1007 44,600 Linear

OPTION Option Year 1-Surveying at Dike Areas

Surveying at CI Dike raising areas, complete as indicated and specified for ALL Task Orders during OPTION YEAR 1, exclusive of items 0001 thru1006 and 1008 thru 2010

UNIT UNIT PRICE MAX AMOUNT

1008 40 Acre OPTION Option Year 1-Grubbing and Clearing

FFP

Grubbing and clearing, complete as indicated and specified for ALL Task Orders during OPTION YEAR 1, exclusive of items 0001 thru 1007 and 1009 thru 2010

UNIT UNIT PRICE MAX AMOUNT

1009 23 Acre OPTION Option Year 1-Hydroseeding

FFP

Hydroseeding, completed as indicated and specified for ALL Task Orders during OPTION YEAR 1, exclusive of items 0001 thru 1008 and 1010 thru 2010

UNIT UNIT PRICE MAX AMOUNT

1010 27 Days OPTION Option Year 1-Site Renovations

FFP

Maintain Contractor’s borrow area work sites snd access to them after major weather events for ALL Task Orders during OPTION YEAR 1, exclusive of items 0001 thru 1009 and 2001 thru 2010 (Note: Based on projected weather delay days for the period of performance)

2001 1 Each OPTION Option Year 2- Full Mob/Demob

FFP

Full mobilization and demobilization of all plant and equipment for ALL Task Orders during OPTION YEAR 2, exclusive of items 0001 thru 1010 and 2002 thru

UNIT UNIT PRICE MAX AMOUNT

2002 2 Each OPTION Option Year 2- Partial Demob/Remob

FFP

PARTIAL demobilization and remobilization for ALL Task Orders during OPTION YEAR 2 exclusive of items 0001 thru 2001 and 2003 thru 2010

UNIT UNIT PRICE MAX AMOUNT

2003 261,000 Cubic

OPTION Option Year 2-Placement of Dike Material

Place dike material at CI Dike per BD & AD Surveys, including all plant, methods and labor, complete as indicated and specified for ALL Task Orders during OPTION YEAR 2, exclusive of items 0001 thru 2002 and 2004 thru 2010

UNIT UNIT PRICE MAX AMOUNT

2004 40,000 Cubic

OPTION Option Year 2-Placement Add'l Material

Place additional material into CI Dike ponds not included in the original drawing template, including all plant,methods, and labor, complete as indicated and specified for ALL Task Orders during OPTION YEAR 2, exclusive of items 0001 thru 2003 and 2005 thru 2010

UNIT UNIT PRICE MAX AMOUNT

2005 40,000 Cubic

OPTION OPTION YEAR 2- Volume Lost

Volume of CI Dike material lost to settlement which is not included in the BD surveys including all plant, methods, and labor, complete as indicated and specified for ALL Task Orders for OPTION YEAR 2 exclusive of items 0001 thru 2004 and 2006 thru 2010

2006 145 Each OPTION OPTION YEAR 2- Gradation Testing

FFP

Gradation testing at CI borrow areas, 1 per 3000 CY of material, complete as indicated and specified, for ALL Task Orders for OPTION YEAR 2 exclusive of items 0001 thru 2005 and 2007 thru 2010

UNIT UNIT PRICE MAX AMOUNT

2007 44,600 Linear

OPTION OPTION YEAR 2-Surveying

Surveying at CI Dike raising areas, complete as indicated and specified, for ALL Task Orders for OPTION YEAR 2 exclusive of items 0001 thru 2006 and 2008 thru 2010

2008 40 Acre OPTION OPTION YEAR 2-Grubbing and Clearing

FFP

Grubbing and clearing, complete as indicated and specified,for ALL Task Orders for OPTION YEAR 2 exclusive of items 0001 thru 2007 and 2009 thru 2010

UNIT UNIT PRICE MAX AMOUNT

2009 23 Acre OPTION OPTION YEAR 2-Hydroseeding

FFP

Hydroseeding, completed as indicated and specified, for ALL Task Orders for OPTION YEAR 2, exclusive of items 0001 thru 2008 and 2010

UNIT UNIT PRICE MAX AMOUNT

2010 27 Days OPTION Option Year 2- SITE RENOVATIONS

FFP

Maintain Contractor’s borrow area work sites and access to them after major weather events, for ALL Task Orders for OPTION YEAR 2, exclusive of items 0001 thru 2009 (Note: Based on projected weather delay days for the period of performance)

CLIN TOTALS

TOTAL BASE BID

TOTAL OPTION YEAR 1 (ONE)

TOTAL OPTION YEAR 2 (TWO)

TOTAL (BASE AND ALL OPTIONS)

Section 00 21 00 - Instructions

1. PROJECT DESCRIPTION

The work consists of raising the soil dikes surrounding and crossing the Craney Island Dredged Material Management Area (CIDMMA) a few feet at a time. This work shall be performed by earth moving, hauling and placement equipment with all work contained within the CIDMMA boundaries. Dredge materials stored in the two borrow sites shall be excavated and then transported to dike raising locations as specified in contract plans and then placed and compacted. The Contractor is responsible for the completion of both the Before Dike (BD) and After Dike (AD) surveys and associated documentation for planning, progress billings, and final as-built drawings. If all anticipated funding is awarded, approximately 1,023,000 cubic yards of dredge material shall be transported and placed onto the dikes. The dike raising includes two to four feet of compacted fill placed across all dikes’ top surfaces and partially down each of the dike’s side slopes. The contract includes grubbing and clearing before dike material placement; and hydroseeding after dike placement. This is an Indefinite Delivery, Indefinite Quantity (IDIQ) contract where the specific work areas and scope shall be defined using Task Orders based on unit costs included in the Contractor’s cost proposal.

The IDIQ contract will include a one year Base Contract with two Option Years.

The Contractor shall comply with the provisions of EM 385-1-1. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/United States Army Corps of Engineers (USACE) Dredging Safety Management Program (DSMP), as determined by the DCA/USACE Joint Committee, and holds a current valid Certificate of Compliance for both the Contractor Program and the Dredge(s) to be used to perform the work under this contract, the Contractor may, in lieu of the submission of an Accident Prevention Plan (APP),

(1) make available for review, upon request, the Contractor’s current Safety Management System (SMS) documentation,

(2) submit to the Contracting Officer the current valid Company Certificate of Compliance for its

SMS,

(3) Submit the current dredge(s) Certificate of Compliance based on third party audit, and submit for review and acceptance, site-specific addenda to the SMS as specified in the solicitation.

The full text of EM 385-1-1 can be accessed at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

2. RESTRICTIONS

The work is to be performed at Craney Island Dredged Material Management Area (CIDMMA), Portsmouth, Virginia which is a secure Government site managed by USACE. The Contractor shall perform the scheduled dike earthwork construction and all other associated work in accordance with all requirements as indicated and as specified herein. The Contractor is advised that any deviations from the construction methods and procedures indicated and as specified herein that are not prior-approved in writing by the Contracting Officer shall be cause for the Contracting Officer issuing a stop work order. Any stop work orders issued for such cause will not be subject to time extensions or cost recovery by the Contractor. Any non-compliance with or violation of the laws or regulations governing the work operations for the project may result in criminal and civil penalties against the Contractor.

a. Security and Public Safety of Work Areas Access to this Government site is limited and must be approved by USACE. The site’s main entrance gate is located at the USACE office at the south-west corner of the site. A separate contractor’s gate provides controlled access to the contractor’s laydown area and work site. The Contractor shall be solely responsible for the protection of their workers and other contractors and USACE personnel at the site at all times for the duration of the contract and fully comply with the provisions of OSHA safe working practices and the Safety and Accident Prevention requirements of these specifications.

b. Protection of Government Property The contractor shall keep their premises, work areas, and transit roads in good order and in a clean, safe condition by and at their expense. The contractor shall be responsible for any damage that may be caused by the contractor’s activities and shall exercise due diligence in the protection of all property located at the site against fire or damage from any or all other causes. Contractor damages shall be promptly repaired or replaced at their expense to a condition satisfactory to USACE.

c. Coordination with Other Contractors During the period of this contract, other contracts and USACE personnel may be in force for the construction of other features of work on or adjacent to the site of work being accomplished under this contract and for usage of the dike haul roads. The Contractor shall arrange his plant, and shall schedule and perform this work, so as to effectively cooperate with all other contractors and Government agencies. It shall be the responsibility of the Contractor on this contract to be fully informed of the extent of the limits of work to be performed by other contractors and USACE workers. Should there be any conflict between these limits, the Contractor shall immediately notify the Contracting Officer of the conflict, and the Contracting Officer's decision shall be final.

3. CONSTRUCTION TIME

For each of the three years included in the IDIQ contract, multiple Task Orders that include the base contract bid items shall be issued to cover varying volumes of dike material placement subject to available funds. The Task Orders will be issued sequentially and work is expected to run almost continuously over the entire three year period, if funding permits. Each Task Order will begin performance within 15 calendar days and complete all work within the specified calendar days from receipt of the Notice to Proceed (NTP).

4. BIDDER QUESTIONS AND COMMENTS

All questions and/or comments should reach the above referenced Contracting Office via ProjNet no later than 26 July 2017, in order that they may be given consideration or actions taken prior to receipt of offers.

Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue. From this page you may view all bidder inquiries or add inquiry. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is : W91236-17-B-0011 The Bidder Inquiry Key is: ATY8GQ-D4ZF6V

The Bidder Inquiry System will be unavailable for new inquires 7 days prior to bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

5. BID EVALUATION AND AWARD

The Government will evaluate bids in response to this solicitation based upon the Total Evaluated Price 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. The Government may reject any or all bids and/or waive informalities or minor irregularities in bids received.

The Government will evaluate offers for award purposes by adding the total price for all optional items to the total price for the basic requirement.

6. AWARD TO RESPONSIBLE OFFEROR

DEFINITIVE RESPONSIBILITY CRITERIA

In addition to examining the criteria in FAR 9.104.-1, the Contracting Officer will also examine whether the low bidder can meet the requirements of three definitive responsibility criteria. The apparent low bidder will be required to meet the following experience requirements:

1. SURVEYING: A minimum total of one year of experience within the last five years of surveying earthwork projects including: 1) before and after placement surveys of the entire site; 2) weekly surveying of new work; 3) cut and fill volume calculations based on before and after placement surveys; and 4) preparation of documents to support work completed including as-built site drawings.

2. TRUCKING: A minimum total of one year of experience within the last five years of large scale material trucking at a job site including: 1) provide and maintain a constant fleet of a minimum of five dump trucks and associated personnel, and loading/unloading equipment at the job site; 2) daily operations on the scale of 40 one-hour round trips on a daily basis for extended periods; and 3) documentation to support quantity and location of material deliveries.

3. EARTHWORK: A minimum total of three years of experience within the last five years in the construction of stable earth surfaces including: 1) the placement and compaction of soil in controlled lifts to meet specified construction templates; 2) material delivery and placement in a constrained site with irregular surface elevations and conditions; and 3) management of documentation to support quality control requirements and daily operations.

Bidders can use one or more projects per work component, above, to demonstrate past experience. Each work component must be addressed. If a subcontractor is used to complete a work component, that subcontractor must demonstrate his past experience in that work component. The Contracting Officer will verify that the submitted projects meet the definitive responsibility criteria as part of the responsibility determination. Bidders are not required to submit additional documentation related to these criteria at the time of bid. The Government will request supporting documentation from the bidder anticipated to receive the award.

In addition to the definitive responsibility criteria stated above, a bidder must demonstrate –

a) Adequate financial resources to perform the contract, or the ability to obtain them;

b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

c) A satisfactory performance record. A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history;

d) A satisfactory record of integrity and business ethics; and

e) Be otherwise qualified and eligible to receive an award under applicable laws and regulations

In accordance with FAR Part 9.1, responsibility will be determined, prior to award, by the Contracting Officer through the performance of a pre-award survey or utilizing information from a previous pre-award survey and/or any performance data available. The apparent low bidder is required to demonstrate the experience as outlined in the definitive criteria above and may be required to show the firm has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified. The below information will be requested of the apparent low offeror. This information is not required to be responsive to the invitation for bid.

a) Banking Information to include Branch/Location, Point of Contact and Telephone Number. Please insure the Bank is prepared to provide necessary information regarding average balances in your operating accounts, lines of credit and credit history.

b) Current commitments and expected dates of completion

7. EVIDENCE OF AUTHORITY TO SIGN OFFERS

Evidence of the authority of individuals signing offers to submit firm offers on behalf of the offeror is required except where the offer is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated offeror; a partner in the case of a partnership; or the owner in the case of a sole proprietorship. Failure to submit with the offer satisfactory evidence of the authority of all other persons may be cause for rejection of the offer as invalid or nonresponsive.

8. PREAWARD SAFETY CONFERENCE

a. Where an apparent low bidder, in performance of contracts during the previous three-year period, incurred one or more accidents, or where, in the opinion of the Contracting Officer, there is any question regarding this compliance with any safety or accident prevention requirement, such bidder, on request of the Contracting Officer prior to any award under this solicitation, shall attend a conference with representatives of the Contracting Officer to discuss any such accidents or non-compliance, the reason for their occurrence, and measures which will be taken to preclude any recurrence thereof.

b. Information elicited at this conference will be used by the Contracting Officer, in conjunction with other information obtained in a preaward survey, in determining the bidder's responsibility.

c. The items discussed, the preventive measures considered, and any conclusions reached in this conference shall be recorded in minutes of the meeting, which shall be authenticated by the signatures of representatives of the bidder and the Contracting Officer, and any procedures noted therein as agreed upon shall become an obligation of the bidder, along with all other safety and accident prevention requirements of the contract, if award is made to him.

9. INCURRING COSTS

The Government is not liable for any costs incurred by the offeror submitting an offer in response to this solicitation.

10. AGENTS

Offers signed by an Agent must be made in the name of the Principal and must be accompanied by evidence of said Agent’s authority to act on behalf of its Principal.

11. UNBALANCED BIDS

Any offer which is materially unbalanced as to prices for the Base Items and the Optional Items may be rejected as non-responsive or otherwise not considered for award. An unbalanced offer is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

12. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The contractor shall not accept instructions issued by any person, employed by the U.S. Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter. A copy of the Designation of Authority letter will be furnished to the contractor at time of contract award.

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.204-7 System for Award Management OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 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 52.214-12 Preparation Of Bids APR 1984 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.222-12 Contract Termination-Debarment MAY 2014 52.228-1 Bid Guarantee SEP 1996 52.232-14 Notice Of Availability Of Progress Payments Exclusively For

Small Business Concerns

APR 1984

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.214-5 SUBMISSION OF BIDS (DEC 2016)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICE, INDEFINITE DELIVERY, INDEFINITE QUANTITY (IDIQ) contract resulting from this solicitation.

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

2014)

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

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

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

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

52.222-23 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

26.6% 9.6%

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 CRANEY

ISLAND DIKE IMPROVEMENTS, PORTSMOUTH, VA

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 $3,000,000.00, 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.

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 Chief of Contracting, U.S. Army Corps of Engineers, Norfolk District, 803 Front Street, ATTN: CECTNAO,l

(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) – ALTERNATE I (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) An organized site visit has been scheduled for-- July 19, 2017 @ 10:00 a.m.

(c) Participants will meet at-- USACE Craney Island Office 4599 River Shore Road, Portsmouth, VA

****Please Note*******

1. This will be a U.S. Army Corps Of Engineers (USACE) led site visit. Only USACE designated areas will be visited. Please be advised that there are protected species onsite and unauthorized exploration will prohibited.

2. This is a secure government site and access will be at the main gate

3. Due to the size of the site, motor vehicle travel with be required. Please provide your own bug spray and water for consumption.

4. Photography will be permitted.

5. A Pre-propsal conference will be held after the USACE led visit. At which time only info already included in the drawings and specs will be reviewed. Any questions on items not included shall be noted and responded to via solicitation amendment.

6. Please contract Linda Doherty-Guenther at Linda.G.Doherty-Guenther@usace.army.mil and Courtney Baker-Williams at courtney.baker-williams@usace.army.mil to arrange access to the site by July 17, 2017.

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

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

http://farsite.hill.af.mil/

Section 00 45 00 - Representations and Certifications

252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

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

(2) The small business size standard is $36,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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

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

(x) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

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

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via…