W9126G-16-R-0071-Specs.pdf

Solicitation No.: W9126G-16-R-0071

US Army Corps U.S. ARMY ENGINEER DISTRICT, of Engineers FORT WORTH Fort Worth District CORPS OF ENGINEERS

FORT WORTH, TEXAS

Request For Proposal

Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) for Rapid Response Hopper Dredging For Unanticipated Shoaling At Six (6) Deep Draft Navigation Entrance Channels Within the Galveston District, Texas

Sample Task Order (To Be Issued by Amendment)

APRIL 2016

File No.: GEN 2000-231 SOLICITATION NO.: W9126G-16-R-0071

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 00 00 SOLICITATION, OFFER AND AWARD, SF-1442

00 11 00.00 45 BID SCHEDULE

00 21 00 BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

00 22 10.01 45 PROPOSAL SUBMITTAL AND EVALUATION INSTRUCTIONS TO MATOC

OFFERORS

00 45 00 REPRESENTATION AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00.01 45 SPECIAL CONTRACT REQUIREMENTS, STANDARD

00 73 46 WAGE RATES

DIVISION 01 - GENERAL REQUIREMENTS

01 00 50 SCOPE OF WORK

01 10 00.01 45 NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

01 32 01.01 45 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26.01 45 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 01.00 QUALITY CONTROL

01 45 01.10 QUALITY CONTROL SYSTEM (QCS)

01 57 20.00 45 ENVIRONMENTAL PROTECTION

01 58 13.04 45 BULLETIN BOARD

01 78 00.00 45 CLOSEOUT SUBMITTALS

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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W912HY-16-R-0071

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Typewritten Text 26 Apr 16

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Typewritten Text USACE Fort Worth District Contract Division, Galveston Execution Branch 2000 Fort Point Road Galveston, TX 77550-1229

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SEE ITEM 7

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Typewritten Text Bertram Scott

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SEC 00 22 10 01 45

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Typewritten Text 26 May 2016

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Typewritten Text Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) for Rapid Response Hopper Dredging For Unanticipated Shoaling At Six (6) Deep Draft Navigation Entrance Channels Within the Galveston District, Texas

This Request for Proposal (RFP) is issued as an UNRESTRICTED solicitation. This RFP solicits offers for a Multiple Award Task Order Contract (MATOC) for hopper dredging due to unanticipated shoaling from a tropical storm, flood or hurricane event or unanticipated shoaling resulting in identifiable “Draft Restricting” shoals that impede navigation and must be cleared expeditiously. The work under this contract will be accomplished by hopper dredge and will only be for the six (6) Deep Draft Navigation Entrance Channels within the Galveston District boundary. The Government intends to award a minimum of two (2) MATOC IDIQ contracts in the MATOC pool as a result of this solicitation.

The total maximum value of all task orders to be awarded under the MATOC pool is $25,000,000.00 ($25M), all contracts combined. Each MATOC will consist of a base year and four one-year option periods. The maximum value of $25M is for the entire five-year period of performance. The minimum guaranteed amount is $3000.00 per MATOC.

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AMOUNTS

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.

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FILE NO.: GEN 2000-231 SOLICITATION NO.:W9126G-16-R-0071

Section 00 11 00 - Page 1

SECTION 00 11 00

ITEM SUPPLIES/SERVICES QUANTITY UNIT PRICE

NO.

Base Year

Galveston District MATOC for Rapid Response Hopper Dredging for Unanticipated Shoaling at Six (6) Deep Draft Navigation Entrance Channels: This contract is a firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for a BASE PERIOD of 12 months plus four (4) 12 month Option years. (See next contract line items for option year details). Any un-used capacity in one contract period may be carried over into the subsequent contract period. The Government will obligate a guaranteed minimum amount of $3,000 for the base period only. This acquisition is Unrestricted.

This MATOC is for Rapid Response Hopper Dredging for Unanticipated Shoaling at Six (6) Deep Draft Navigation Entrance Channels within the Galveston District. The estimated Unrestricted MATOC workload is $25 million, with a maximum task order of $5 million.

Refer to SECTION 01 00 50 – SCOPE OF WORK for a description of the work under this MATOC. The North American Industry Classification System (NAICS) code for the work is 237990, Other Heavy and Civil Engineering Construction.

Any work executed under the MATOC is limited to the geographic boundaries of the Galveston District.

The Contractor shall furnish all labor, equipment, materials, and transportation necessary to complete the work under this MATOC.

The Contractor shall perform the work in accordance with the Scope of Work of each Task Order and within strict accordance of the terms and conditions specified herein.

A Sample Task Order will be issued by Amendment.

Section 00 11 00 - Page 2

NO.

Option Year 1

Galveston District MATOC for Rapid Response Hopper Dredging for Unanticipated Shoaling at Six (6) Deep Draft Navigation Entrance Channels: This contract is a firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for a BASE PERIOD of 12 months plus four (4) 12 month option years. (See next contract line items for option year details). Any un-used capacity in one contract period may be carried over into the subsequent contract period. The Government will obligate a guaranteed minimum amount of $3,000 for the base period only. This acquisition is Unrestricted.

This MATOC is for Rapid Response Hopper Dredging for Unanticipated Shoaling at Six (6) Deep Draft Navigation Entrance Channels within the Galveston District. The estimated Unrestricted MATOC workload is $25 million, with a maximum task order of $5 million.

Refer to SECTION 01 00 50 – SCOPE OF WORK for a description of the work under this MATOC. The North American Industry Classification System (NAICS) code for the work is 237990, Other Heavy and Civil Engineering Construction.

Any work executed under the MATOC is limited to the geographic boundaries of the Galveston District.

The Contractor shall furnish all labor, equipment, materials, and transportation necessary to complete the work under this MATOC.

The Contractor shall perform the work in accordance the Scope of Work of each Task Order and within strict accordance of the terms and conditions specified herein.

Section 00 11 00 - Page 3

NO.

Option Year 2

Channels: This contract is a firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for a BASE PERIOD of 12 months plus four (4) 12 month option years. (See next contract line items for option year details). Any un-used capacity in one contract period may be carried over into the subsequent contract period. The Government will obligate a guaranteed minimum amount of $3,000 for the base period only. This acquisition is Unrestricted.

This MATOC is for Rapid Response Hopper Dredging for Unanticipated Shoaling at Six (6) Deep Draft Navigation Entrance Channels within the Galveston District. The estimated Unrestricted MATOC workload is $25 million, with a maximum task order of $5 million.

Refer to SECTION 01 00 50 – SCOPE OF WORK for a description of the work under this MATOC. The North American Industry Classification System (NAICS) code for the work is 237990, Other Heavy and Civil Engineering Construction.

Any work executed under the MATOC is limited to the geographic boundaries of the Galveston District.

The Contractor shall furnish all labor, equipment, materials, and transportation necessary to complete the work under this MATOC.

The Contractor shall perform the work in accordance the Scope of

Section 00 11 00 - Page 4

NO.

Option Year 3

Channels: This contract is a firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for a BASE PERIOD of 12 months plus four (4) 12 month option years. (See next contract line items for option year details). Any un-used capacity in one contract period may be carried over into the subsequent contract period. The Government will obligate a guaranteed minimum amount of $3,000 for the base period only. This acquisition is Unrestricted.

This MATOC is for Rapid Response Hopper Dredging for Unanticipated Shoaling at Six (6) Deep Draft Navigation Entrance Channels within the Galveston District. The estimated Unrestricted MATOC workload is $25 million, with a maximum task order of $5 million.

Refer to SECTION 01 00 50 – SCOPE OF WORK for a description of the work under this MATOC. The North American Industry Classification System (NAICS) code for the work is 237990, Other Heavy and Civil Engineering Construction.

Any work executed under the MATOC is limited to the geographic boundaries of the Galveston District.

The Contractor shall furnish all labor, equipment, materials, and transportation necessary to complete the work under this MATOC.

The Contractor shall perform the work in accordance the Scope of

Section 00 11 00 - Page 5

NO.

Option Year 4

Channels: This contract is a firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for a BASE PERIOD of 12 months plus four (4) 12 month option years. (See next contract line items for option year details). Any un-used capacity in one contract period may be carried over into the subsequent contract period. The Government will obligate a guaranteed minimum amount of $3,000 for the base period only. This acquisition is Unrestricted.

This MATOC is for Rapid Response Hopper Dredging for Unanticipated Shoaling at Six (6) Deep Draft Navigation Entrance Channels within the Galveston District. The estimated Unrestricted MATOC workload is $25 million, with a maximum task order of $5 million.

Refer to SECTION 01 00 50 – SCOPE OF WORK for a description of the work under this MATOC. The North American Industry Classification System (NAICS) code for the work is 237990, Other Heavy and Civil Engineering Construction.

Any work executed under the MATOC is limited to the geographic boundaries of the Galveston District.

The Contractor shall furnish all labor, equipment, materials, and transportation necessary to complete the work under this MATOC.

The Contractor shall perform the work in accordance the Scope of

File No.: GEN 2000-231 SOLICITATION NO.:W9126G-16-R-0071

Section 00 21 00 - Page 1

SECTION 00 21 00 – Instructions, Conditions and Notices to Offerors

INSTRUCTIONS, CONDITIONS

1.0 SOLICITATION AND CONTRACT AWARD. The Government intends to issue this solicitation as an Unrestricted Request for Proposal (RFP) and to award a minimum of two (2) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC’s). The maximum number of contract awards will be dependent upon the number of Offerors whose proposals the Source Selection Authority determines to meet the requirements of acceptability as set forth herein.

1.1 The Solicitation number is W9126G-16-R-0071.

1.2 The source selection evaluation of the solicitations will include a “Sample” h o p p e r dredging project that is representative of the work required under this MATOC for future task orders. This sample project will be used for evaluation purposes only, and will not result in an award of the sample task order.

(a) A pre-proposal teleconference will be held May 12, 2016 at 1:00 PM

CST.

Conference Call-in Information:

Phone Number: 877-336-1839 Access Code: 6739138 Security Code: 1234

(b) Contractors interested in being considered for a MATOC award will be required to submit a proposal in accordance with the instructions contained herein.

1.3 Contractors will be required to submit proposals in accordance with Section 00 22 10.01 45 PROPOSAL SUBMITTAL AND EVALUATION INSTRUCTIONS TO MATOC OFFERORS. In addition, Contractors will be required to submit a "fair a n d reasonable" price proposal for the “Sample” task order that will be provided by amendment; this requirement is in accordance with FAR 15.304(c)(1), which states that price or cost to the Government shall be evaluated in every source selection.

1.4 Contractors submitting an offer as a joint venture must provide a written copy of the joint venture agreement with the initial proposal. The joint venture agreement must be signed by both parties and will be subject to review by Office of Counsel. Also, if the joint venture involves an 8(a) small business, approval by the Small Business Administration will also be required.

The joint venture must be registered in the System for Award Management (SAM) as a joint venture in order for an award to be made. In addition, the SF 1442 as well as all future documents (task orders, bonds, etc.) must be signed by both parties. No task orders will be awarded to a joint venture unless the basic MATOC has been awarded to the joint venture.

1.5 The total maximum value of all task orders to be awarded under the MATOC pool is $25,000,000.00 ($25M), all contracts combined. Each MATOC will consist of a base year and four one-year option periods. The maximum value of $25M is for the entire five-year period of performance. The Government is not obligated to exercise any option years. Awardees will share this total value through a

Section 00 21 00 - Page 2 competitive task order award process.

1.6 The Government does not guarantee an awardee will receive more than the contract minimum guarantee. The minimum guarantee for each MATOC is $3,000.00 and covers the base year and all option periods. This minimum guarantee is the amount a Contractor may receive if they have NOT been successful in obtaining a task order by the end of the contract duration. However, a Contractor that has not submitted ANY proposals for ANY task orders after the award of the MATOC would not be considered eligible to receive this minimum guarantee due to lack of participation. This minimum guarantee is NOT to be construed as the total amount of any individual task order. All task orders will substantially exceed this minimum guarantee amount. This minimum guarantee will be obligated on Task Order 0001 under each contract awarded as a result of this solicitation.

1.7 Any required changes to the contract clauses contained in this solicitation shall be executed as a modification to any and all contracts awarded as a result of the solicitation. Any modifications to the basic MATOC awards shall be executed by the Galveston District Contracting Officer; including the exercise of any and all Option Years.

1.8 ESTIMATED CONSTRUCTION PRICE RANGE (FAR 36.204)

The estimated price range of the proposed construction is “to be determined by Task Order”.

1.9 AVAILABILITY OF PLANS AND SPECIFICATIONS ON THE FEDERAL BUSINESS

OPPORTUNITIES WEBISTE ((FBO)

After solicitation issuance, contractors may register to be placed on a plan holders list, view and/or download this solicitation and all amendments at the following internet addresses: http://www.fbo.gov/

Plans and specifications will not be available in paper format or on compact disc. It is the offeror’s responsibility to monitor the FBO website daily (using the above links) for amendments to the solicitation. You must be registered in the System for Award Management (SAM) to receive a government contract award.

You may register with SAM at https://www.sam.gov

1.10 EQUIPMENT OWNERSHIP AND OPERATIONG EXPENSE SCHEDULE (18 MAR 2013) (UAI

31.105-100) In accordance with FAR 31.105(d)(2)(i)(b), equipment ownership and operating cost shall be determined using EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule.

(a) The Contractor [X] shall [ ] shall not be permitted to use self-propelled hopper dredges to perform the work specified herein.

1.11 REMINDER TO BIDDERS

REMINDER #1 - Acknowledge all Amendments on the reverse side of SF 1442, Item 19, Solicitation, Offer, and Award.

1.12 SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS/OFFERS:

Hand-carried Bids/Offers must be delivered to: the Contract Specialist or Contracting Officer located at the US Army Corps of Engineers, Jadwin Building, 2000 Fort Point Road, Galveston District, Galveston, TX 77550. Not Later than the Due Date and Time. Bids/Offers will only be accepted by contracting personnel. Guards are not authorized to accept Bids/Offers on behalf of the Government.

Section 00 21 00 - Page 3

Galveston District has a security gate located on Fort Point Rd and requires all occupants of the vehicle to have a valid driver’s license for entry. Parking is limited. Firearms are not permitted on the installation.

Offerors are cautioned to allow sufficient time for travelling over the causeway or ferry. Neither will constitute Government-caused delay.

Offerors are also cautioned that Galveston is an island that, during Spring Break and the Summer Season, can have traffic slowdowns and congestion because the District is collocated with the Bolivar Ferry traffic waiting to board and can delay access to the District Office.

1.13 BIDDER INQUIRY – PROJNET

1. Prospective Offerors should submit questions concerning this solicitation via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

A. To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

***Please Note: Offerors shall only submit one question per inquiry. Inquiries containing multiple questions may be rejected.

B. From this page, you may view all bidder inquiries or add inquiry.

C. Offerors 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.

D. The Solicitation Number is: W9126G-16-R-0071 The Bidder Inquiry Key is: _HVS56K-N867WD___________

2. The Bidder Inquiry System will be unavailable for new inquires ten (10) calendar days prior to offer submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. 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.

4. 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. Offers will be publicly opened at the date/time stated in the solicitation.

1.14 Service of Protest

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an a ency, and copies of any protests

Section 00 21 00 - Page 4 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 the Contracting Officer, US Army Corps of Engineers, Galveston District, PO Box 1229, Galveston, Texas 77553- 1229, Fax No. (409) 766-3010, submitting the protest at SWF-protest@usace.army.mil .

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

1.15 DAVIS-BACON ACT

Paragraph entitled DAVIS-BACON ACT of (CONTRACT CLAUSES - Section 00 72 00, FAR 52.222-6) is applicable to this solicitation. Wage Rates will be incorporated by amendment, if they are not included in this solicitation.

2.0 TASK ORDER PROCEDURES

2.1 All MATOC contracts and subsequent task orders will be awarded in accordance with FAR Subpart 15, Contracting by Negotiation. The basic MATOC contracts will be evaluated in accordance with the evaluation criteria contained in Section 00 22 10.01 45 PROPOSAL SUBMITTAL AND EVALUATION INSTRUCTION TO MATOC OFFERORS. It is anticipated that subsequent (future) task orders will be awarded on the basis of Lowest Price, Technically Acceptable (LPTA) in accordance with FAR 15.101-2.

The government reserves the right to utilize any selection method consistent with FAR 16.505(b) Fair Opportunity Principle.

2.2 Issuance of the Request for Proposal for Task Orders

(a) FAR Part 15 and 16.505(b) will be followed when issuing task orders under the Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOCS).

(b) A Request for Proposal (RFP) will be issued by the Contracting Office to the Contractors within the MATOC pool. Contractors that have been awarded a MATOC will be invited to submit proposals for task orders in accordance with the RFP for each task order. Contractors are not obligated to submit a proposal on each and every RFP.

In accordance with FAR 16.505(b)(3), price or cost under each order shall be considered as one of the factors in the selection decision. Also, in accordance with FAR 16.505(b)(1)(v), the Government should also consider past performance (including quality, timeliness and cost control) on earlier orders placed under the same MATOC. In addition, equipment availability and equipment capability may also be considered at the discretion of the Contracting Officer.

The Government may also include any of the following as additional evaluation factors: (1) potential impact on other orders placed with the Contractor, (2) minimum order requirements, and (3) urgency of need. Any and all evaluation factors will be provided to the Contractors at the time the RFP is issued. It is anticipated that all task orders will be awarded on the basis of Lowest Price, Technically Acceptable (LPTA) in accordance with FAR 15.101-2. The government reserves the right to utilize any selection method consistent with FAR 16.505(b) Fair Opportunity Principles.

(c) All Contractors awarded a contract will be invited to submit a proposal on all future task orders. However, the Government reserves the right to limit competition in accordance with the Federal Acquisition Streamlining Act (see FAR 16.505(b), subparagraph (2), Exceptions to the fair opportunity process).

Section 00 21 00 - Page 5

(d) The RFP will also provide, at a minimum, the following items:

(1) The time and place for the submittal of said proposal

(2) Point of Contact.

(3) Any and all required “fill-ins” for the contract clauses, including, but not limited to:

- Details regarding Commencement, Prosecution, and Completion of Work (FAR 52.211-10)

- The amount of Liquidated Damages (FAR 52.211-12)

- Applicable Davis-Bacon Wage Decisions

- Details regarding the number of days after award that Performance & Payment Bonds are required to be submitted

- Details regarding the number of days after award that the Notice to Proceed will be Issued and the number of days from NTP to Commencement of Work

2.4 Competitive Proposal Submissions and Evaluation

The base award will be made on the basis of Lowest Price Technically Acceptable (LPTA) source selection process (See Federal Acquisition Regulation 15.101-2).

In the lowest price technically acceptable selection process interested Offerors submit certain specified performance and capability proposals in conjunction with price proposals for a Sample Task Order for review and consideration by the Government. The Government will follow the procedures outlined in FAR 16.505(b), Orders under multiple award contracts, when issuing the RFP’s and subsequent task orders. The Contracting Officer should keep proposal submission requirements to a minimum. In most cases, the Government will evaluate task order proposals on a lowest price, technically acceptable basis in accordance with FAR 15.101-2. The government reserves the right to utilize any selection method consistent with FAR 16.505(b) Fair Opportunity Principles.

(a) Each RFP shall contain a Pricing Schedule pertaining to the specific individual task order. The Government reserves the right to obtain cost breakdowns of the proposals if required in order to determine fair and reasonableness of pricing. Such cost breakdowns will not be included in any subsequent release of best and final prices as discussed in paragraph 2.8 below.

(b) Each proposal submission will be in accordance with the individual request for proposal. In addition, a bid bond will be required with each task order proposal submitted in accordance with FAR 52.228-1 in Section 00 72 00. (See paragraph below for bonding requirements)

2.5 Price Proposal Submissions and Evaluation

(a) Contractors may be required to provide copies of their proposed subcontractors’ proposals or quotes when detailed cost breakdowns are requested.

The Government reserves the right to require a detailed breakdown of a proposed subcontract proposal or quote, if necessary to determine its reasonableness.

(b) The contractor must support its proposal by any necessary documentation and in adequate detail for the Government to analyze the proposal to determine

Section 00 21 00 - Page 6 fair and reasonable price in accordance with FAR 15.4, Contract Pricing.

(c) In accordance with FAR Subpart 15.4, the contractor’s proposal for any task order exceeding $750,000 is subject to the requirements of the Truth in Negotiations Act (TINA). Therefore, if cost and pricing data has been requested and submitted, the contractor shall be required to submit a Certificate of Current Cost or Pricing Data immediately prior to award of the task order.

(d) When and if it becomes necessary to award task orders on a sole source basis, the contractor may be required to submit detailed cost breakdowns in the same format as described for modifications under FAR clause 52.215-21. These cost breakdowns will not be included in any subsequent release of best and final prices as discussed in paragraph below.

2.6 Notification to the Apparent Successful Offeror

(a) Within five (5) working days of receipt of proposals Offeror’s will be notified of the apparent successful Offeror. However, the Contracting Officer reserves the right to extend this notice period, if at the time of initial review it cannot be determined as to the successful Offeror. Task Orders will be awarded within 14 days from receipt of proposals, unless otherwise stated in the task order RFP.

(b) Offeror’s will also be notified within three (3) working days of receipt of proposals if additional review and/or discussions will be required.

(c) Offerors may withdraw (in writing) their proposal for any Task Order at any time prior to award of the task order in accordance with FAR 15.208(e).

2.7 Award of the Task Order

(a) Task orders will be issued on a firm-fixed price basis using the DD Form 1155, Order for Supplies or Services.

Task order numbering will be in accordance with DFARS 204.7005.

The Fort Worth District is the responsible party for solicitation issuance and awarding the contracts, the task orders will contain all numeric characters beginning with “0001.” The Minimum Guarantee Task Order will be identified as Task Order No. 0001.

(b) Each task order will include, as a minimum, the following information:

(1) The date the task order is executed by the Contracting Officer

(2) Contract number and task order number

(3) The total amount of the contractor’s evaluated or negotiated price; the final pricing schedule, showing all the CLINS & SubCLINS, shall be attached to the DD 1155

(4) Accounting and appropriation data

(5) Any other pertinent data

(c) A copy of the DD 1155 and the bid schedule shall be provided to the designated Contract Administrator. In addition, any modifications to any task orders which increases or decreases the price of the task order shall also be provided to the Contract Administrator (only the SF 30 and the changes to pricing need be provided). The Contract Administrator shall be responsible for tracking capacity on each MATOC as well as the ceiling price of $25M for the

Section 00 21 00 - Page 7 total combined MATOC obligations in the pool.

2.8 Release of the IGE and Offerors Prices

(a) In accordance with FAR 16.505(b)(3), all task orders must be awarded in accordance with FAR Part 15, Contracting by Negotiation.

Therefore, there will be no public bid opening.

(b) The Independent Government Estimate (IGE) can be released, but ONLY after award, due to the fact that discussions/negotiations may be ongoing between receipt of proposals and time of award.

2.9 Bonding Requirements

(a) Contractors are required to submit Bid Bonds with their proposal for each task order, except Bid Bonds are not required for the “SAMPLE” Task Order. See FAR clause 52.228-1 in Section 00 72 00 of this solicitation.

(b) Contractors shall be required to provide Performance & Payment Bonds on each task order in accordance with FAR 52.228-15. The time frame for providing bonds is usually within 2 calendar days after award. Any compressed timeframe will be provided in the RFP for each individual task order.

2.10 Pre-Construction Conference and Notice to Proceed

(a) After Performance & Payments Bonds have been received and approved, the Contractor will be notified regarding the date, time and place for the Pre-Construction Conference. The notification shall contain all pertinent details including what submittals must be received either prior to or at the Pre-Construction Conference.

(b) Normally, a Notice to Proceed will be issued when all pre-construction requirements are met and the Contractor is required to mobilize and commence work within the timeframe specified in the task order.

2.11 Ombudsman

(a) Contractors are encouraged to communicate any and all concerns or questions with the Contracting Office at any stage of the RFP and/or task order process. Questions regarding the plans or specifications for a specific project shall be submitted in writing and answers shall be provided to all potential Offeror.

(b) In accordance with FAR 16.505(a)(10)(i), no protest under FAR 33.1 is authorized in connection with the issuance or proposed issuance of a task order valued at less than $10 million, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

(c) However, in accordance with FAR 16.505(b)(8), a Contractor may contact the Task Order Ombudsman concerning any complaints or concerns they may have, including for task orders valued at less than $10 million. The U.S. Army Corps of Engineers Ombudsman for the Southwestern Division can be contacted at the following address:

Section 00 21 00 - Page 8

U.S. Army Corps of Engineers Principal Assistant Responsible for Contracting ATTN: Mr. Denver S. Heath

Principal Assistant Responsible For Contracting US Army Corps of Engineers Southwestern Division, 1100 Commerce St.

Dallas, TX 75242-1317

2.12 Task Order Administration, Completion and Closeout

Administration of task orders including, but not limited to, modifications, requests for equitable adjustment, variation in estimated quantities, differing site conditions, disputes, etc. shall be handled in the same manner that contract administration was handled under a contract awarded as a result of a sealed bid. Project completion and task order closeout shall be handled in the same manner that project completion and closeout was handled under a contract awarded as a result of a sealed bid.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.217-5 Evaluation Of Options JUL 1990 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.232-14 Notice Of Availability Of Progress Payments Exclusively APR 1984 For Small Business Concerns

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

Section 00 21 00 - Page 9

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM-FIXED PRICE contract resulting from this solicitation.

(End of provision)

52.222-23 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:

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.

Goals for minority participation for each trade

Goals for female participation for each trade

% To Be Determined By Task Order

% To Be Determined By Task Order

Section 00 21 00 - Page 10

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Contracting Officer shall insert description of the geographical areas where the contract is to be performed, giving the State, county, and city, by Task Order.

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 the Contracting Officer, US Army Corps of Engineers, Fort Worth District, PO Box 1229, Galveston, Texas 77553-1229, submitting the protest at SWF-protest@usace.army.mil

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

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

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

Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ mailto:protest@usace.army.mil http://farsite.hill.af.mil/

Section 00 22 10 01.01 45 Page 1

SECTION 00 22 10.01 45

PROPOSAL SUBMITTAL AND EVALUATION INSTRUCTIONS TO MATOC OFFERORS

PART I – GENERAL INFORMATION

A. OVERVIEW

This Request for Proposal (RFP) solicits offers for a Multiple Award Task Order Contract (MATOC) for hopper dredging due to unanticipated shoaling from a tropical storm, flood or hurricane event or unanticipated shoaling resulting in identifiable “Draft Restricting” shoals that impede navigation and must be cleared expeditiously.

The work under this contract will be accomplished by hopper dredge and will only be for the six (6) Deep Draft Navigation Entrance Channels within the Galveston District boundary.

B. BASIS FOR AWARD

The base award will be made on the basis of Lowest Price Technically Acceptable (LPTA) source selection process (See Federal Acquisition Regulation 15.101-2). In the lowest price technically acceptable selection process interested Offerors submit certain specified performance and capability proposals in conjunction with price proposals for a Sample Task Order for review and consideration by the Government. The Government will evaluate these performance capability proposals in accordance with the criteria described herein.

The Contracting Officer will award a minimum of two (2) Multiple Award Task Order Contracts (MATOCs) Indefinite Delivery Indefinite Quantity (IDIQ) contracts. The maximum number of contract awards will be dependent upon the number of Offerors whose proposals the Source Selection Authority determines to meet the requirements of acceptability as set forth herein. Awards of the MATOCs will be made on the basis of proposals meeting the acceptability standards.

The Government intends to make award without holding discussions with Offerors.

However, the Government reserves the right to conduct discussions if the Source Selection Authority or the Contracting Officer determines them to be necessary. Therefore, Offerors are encouraged to include their best terms and conditions (both price and technical) for the Sample Task Order.

C. PROPOSAL SUBMISSION REQUIREMENTS AND FORMAT

Offerors shall organize their proposal as described in this solicitation. Proposals may be determined to be non-responsive for failure to follow the prescribed format. In order to effectively and equitably evaluate all offers, the Contracting Officer must receive information sufficiently detailed to clearly evaluate factors identified within this solicitation. Proposal clarity, organization, and cross-referencing are necessary.

Failure to submit and organize proposals as requested may adversely affect an Offeror's evaluation. Offerors shall provide sufficient detail and clearly define all items required in this section.

Table of Contents. Each volume of the proposal shall contain a detailed table of contents (Cover Sheets for use as the Table of Contents are provided at the end of this Section). Any materials submitted but not required by this solicitation (such as company brochures) shall be relegated to appendices. Files shall not contain classified data.

Printed Matter Submissions. Proposals shall be submitted in electronic format in the SAFE File Exchange as a searchable “.pdf” file to the Contract Specialist, email address:

bertram.r.scott@usace.army.mil and the Contracting Officer,email address:

maria.e.rodriguez@usace.army.mil mailto:bertram.r.scott@usace.army.mil mailto:maria.e.rodriguez@usace.army.mil

Section 00 22 10 01.01 45 Page 2

Content Requirements. All information shall be confined to the appropriate volume. The Offeror shall confine submissions to essential matters, sufficient to define the proposal and provide adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal.

Narrative portions of the proposal shall be in electronic 8-1/2 x 11-inch format using no more than 7 vertical lines per inch, with page margins at least 1-inch wide.

Font size shall not be less than 11pt. 11x17-inch sheets will be counted as four single-sided pages. Include a Table of Contents for each volume. The first page of each identified Tab shall begin with the number “1” with succeeding pages consecutively numbered at the bottom of each page to the end of the Tab.

Offerors who include information in their proposals which they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must mark such information in accordance with instructions at FAR 52.215-1, Instructions to Offerors—Competitive Acquisition, paragraph (e), “Restriction on disclosure and use of data.”

The Offeror is cautioned to refrain from quoting prices, or other pricing terms of any nature, in the technical portions of the proposal.

PART II - PROPOSAL SUBMITTAL REQUIREMENTS AND INSTRUCTTIONS

VOLUME I – PROPOSAL/SF 1442/DATA/PRICE - Volume I shall be comprised of Tabs A through G only.

TAB A – Standard Form 1442, completed and signed by authorized individual(s) of the Offeror. Offers submitted in the name of a Joint Venture must provide a written copy of the joint venture agreement with the proposal. The joint venture agreement must be signed by both parties and will be subject to review by Office of Counsel. Also, if the joint venture involves an 8(a) small business, approval by the Small Business Administration will also be required. The joint venture must be registered in CCR as a joint venture in order for an award to be made. In addition, the SF 1442 as well as all future documents (task orders, bonds, etc.) must be signed by both parties. No task orders will be awarded to a joint venture unless the basic MATOC has been awarded to the joint venture. Failure to do so may result in rejection of an O fferor’s proposal.

TAB B – PRICE PROPOSAL. – CLIN Schedule for “Sample” Task Order is to be provided in its entirety by all Offerors.

a. Price will be evaluated and considered but will not be scored or combined with other aspects of the proposal evaluation. The proposed prices will be analyzed for reasonableness. They may also be analyzed to determine whether they are realistic for the work to be performed, reflect a clear understanding of the requirements, and are consistent with the information provided by the Offeror. Additionally, all offers will be analyzed for unbalanced pricing.

b. This sample project will be used for evaluation purposes only, and will not result in an award of the SAMPLE task order.

TAB C – Section 00 45 00, Representations and Certifications

TAB D - Determination of Responsibility, including the firm’s latest Financial Statements.

TAB E – Evidence of Bonding Capacity. A bid bond guarantee is not required for the SAMPLE task order project. However, for evaluation of bonding capacity on future task

Section 00 22 10 01.01 45 Page 3 orders, submit a letter of commitment from a surety, signed by an officer or agent authorized to bond, that identifies the Offeror’s available bonding capacity and limits that the surety will bond the Offeror, as the successful awardee for this project. The surety must be acceptable to the Government and must appear on the Department of Treasury Circular 570 “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies.” If the Offeror submits evidence from an individual Surety, the individual surety must include documentation meeting the requirements of FAR 28.203 and Contract Clause 52.228-11.

TAB F – Small Business Subcontracting Plan. This requirement is only applicable to Large Businesses in accordance with FAR 52.219-9, Alternate II, in Section 00 72 00 of this solicitation.

TAB G – If Applicable. Joint Venture Agreement. The joint venture agreement must be signed by both parties and will be subject to review by Office of Counsel. Also, if the joint venture involves an 8(a) small business, approval by the Small Business Administration is required and must be submitted with the offeror’s proposal. Offerors are reminded that if it is an 8(a) or HUBZone joint venture, it shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126,respectively. In addition, the joint venture must be registered in CCR as a joint venture in order for an award to be made.

D. TECHNICAL EVALUATION FACTORS AND EVALUATION CRITERIA.

VOLUME II – TECHNICAL PROPOSAL - Volume II shall be comprised of Tabs H and K only.

TAB…