09r0012a.pdf

REQUEST FOR PROPOSALS NO. W9128A-09-R-0012

Haleiwa and Waianae Harbors

ISLAND OF OAHU

HAWAII

SPECIFICATIONS

FOR

Maintenance Dredging Of

Small Boat Harbors

U.S. Army Corps of Engineers

HONOLULU DISTRICT

W9128A-09-R-0012 TOC-1

REQUEST FOR PROPOSALS NO. W9128A-09-R-0012

MAIN TABLE OF CONTENTS

Maintenance Dredging of Haleiwa and Waianae Small Boat Harbors, Oahu, Hawaii

Section 00010 SF 1442, Proposal Schedule

Section 00100 Instructions, Conditions, and Notices to Bidders Appendix A (Sample Small Business Subcontracting Plan)

Section 00120 Proposal Submission Requirements and Evaluation Factors

Section 00600 Representations and Certifications Appendix A (SF LLL)

Section 00700 Contract Clauses Appendix A (Wage Rates)

Section 00800 Special Contract Requirements Appendix A (Project Signs)

Section 00900 Miscellaneous Attachments

Attachment 1 (Requests for Information) Attachment 2 (Minutes of Pre-proposal Conference/Site Visits)

Technical Specifications General and Technical Requirements

1. This procurement is UNRESTRICTED.

2. Offerors are required to COMPLETE AND RETURN the following sections: Section 00010

(ALL) and Section 00600 (ALL inclusive of Appendix A). Please note that the representations and certifications must also be completed electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov.

3. Offerors shall follow instructions in Section 00120, “Proposal Submission Requirements and

Evaluation Factors.”

4. In accordance with Section 00700, clause 52.219-9, large business Offerors shall submit their

Small Business Subcontracting Plan NO LATER THAN 24 hours after the proposal closing date/time. The Offeror may fax their plan to 808-438-8588/8570. Failure to submit the Small Business Subcontracting Plan in a timely manner may cause the proposal to be considered ineligible for award. The U.S. Army Corps of Engineers considers the following FY09 subcontracting goals that apply to both American Recovery and Reinvestment Act (ARRA) and non-ARRA funded portions of this solicitation to be reasonable and achievable for the performance of a resultant contract: a) 70.0% of subcontracted amount with small businesses,

b) 6.2% of subcontracted amount with small disadvantaged businesses, c) 7.0% of subcontracted amount with women-owned businesses, d) 9.8% of subcontracted amount with HUBZone small businesses, e) 3.0% of subcontracted amount with veteran-owned small

W9128A-09-R-0012 TOC-2

businesses, and f) 3.0% of subcontracted amount with service disabled veteran-owned small businesses.

5. A Pre-Proposal Conference and a site visit to both Haleiwa Small Boat Harbor and Waianae

Small Boat Harbor will be held in accordance with provisions 52.236-27 I and S-36.4 in Section 00100.

6. See Section 00700, DFARS Clause 252.204-7004, Central Contractor Registration, Alternate

A, regarding registration in the CCR database. CCR login procedures have changed. If you currently have a CCR record, but do not have a user ID and password, you will not be able to access your record until you create a user account. CCR has extended the deadline to make this change to 21 December 2009. You will need to create your user account prior to your renewal date. Lack of registration in the CCR database will make an offeror ineligible for award.

7. Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available to the Contracting Officer for the acquisition.

8. The Government does not have all the required Rights of Entry for this contract at this time.

Contract award will not be made until all required Rights of Entry are obtained by the Government.

Request for Proposals No. W9128A-09-R-0012: Maintenance Dredging of Haleiwa and Waianae Small Boat Harbors, Oahu, Hawaii

(SEE MAIN TABLE OF CONTENTS)

* See Section 00700, Clause 52.211-10

W9128A-09-R-0012 1 May 2009 1

U.S. Army Corps of Engineers, Honolulu District

ATTN: CECT-POH-C

Building 230 Fort Shafter, HI 96858-5440

See Item 7

(Deliver hand-carried proposals to Building 230, Room 103, Fort Shafter, Hawaii.)

W9128A

Joy T. Sakamoto 808-438-8593

4 1600 1 June 2009

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

1. SOLICITATION NO. 3. DATE ISSUED PAGE OF PAGES

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

7. ISSUED BY 8. ADDRESS OFFER TO

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

12B. CALENDAR DAYS 12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

13. ADDITIONAL SOLICITATION REQUIREMENTS:

(If "YES," indicate within how may calendar days after award in Item 12B.)

A. Sealed offers in original and (hour) local t ime (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

2. TYPE OF SOLICITATION

I MP O R T A N T - T h e " o f f e r " s e c t i o n o n t h e r e ve r s e m u s t b e f u l l y c o m p l e t e d b y o f f e r o r .

CODE

9. FOR INFORMATION

CALL:

SOLICITATION

N O T E : In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

11. The Contractor shall begin performance within

SEALED BID (IFB)

NEGOTIATED (RFP)

award, notice to proceed. This performance period is mandatory, negotiable. (See

Y E S NO

is, is not required.

NSN 7540-01-155-3212

STANDARD FORM 1442 (REV. APR 1985)

Prescribed by GSA APD PE v1.00 FAR (48 CFR) 53.236-1 (d) calendar days and complete it within calendar days after receiving copies to perform the work required are due at the place specified in Item 8 by calendar days for Government acceptance after the date offers are due will not be considered and

Taxpayer ID number: __________________________

DUNS No:CAGE:

(See Section 00010, Proposal Schedule)

U.S. Army Corps of Engineers, Honolulu District Fort Shafter Area Office Building 230 Fort Shafter, Hawaii 96858-5440

USACE Finance Center

ATTN: CEFC-FP

5722 Integrity Drive Millington, TN 38054-5005

21. ITEMS ACCEPTED:

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

FACILITY CODE CODE

20B. SIGNATURE 20C. OFFER DATE

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE

BY

29. AWARD (Contractor is not required to sign this document.) Your offer28. NEGOTIATED AGREEMENT Contractor is required to sign this

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

document and return Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

OFFER (Must be fully completed by offeror) on this solicitation is hereby accepted as to the items listed. This award con-summates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

AWARD (To be completed by Government)

TO SIGN (Type or print)

D A T E

(Type or print)

The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within (Insert any number equal to or greater than the minimum require-ment stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

17.

A M O U N T S

1 8 . T h e o f f e r o r a g r e e s t o f u r n i s h a n y r e q u i r e d p e r f o r m a n c e a n d p a ym e n t b o n d s .

1 9 . A C K N O W L E D G M E N T O F A M E N D M E N T S

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

A M E N D M E N T N O .

22. AMOUNT

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 Copies unless otherwise specified)

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

CODE

31B. UNITED STATES OF AMERICA 31C. AWARD

10 U.S.C 2304(c) ( ) 41 U.S.C 253(c) ( )

STANDARD FORM 1442 BACK (REV. APR 1985)

APD PE v1.00

DATE

calendar days after the date offers are due.

copies to issuing office.)

W9128A-09-R-0012 00010-3

Request for Proposals No. W9128A-09-R-0012

SECTION 00010

PROPOSAL SCHEDULE “A”

HALEIWA SMALL BOAT HARBOR

MAINTENANCE DREDGING PROJECT

ISLAND OF OAHU, HAWAII

ITEM NO. DESCRIPTION QUANTITY UNIT AMOUNT

0001 Mobilization and Demobilization 1 LS $__________

0002 Dredging (Federal Project Limits) 1 LS $__________

TOTAL PROPOSAL SCHEDULE $__________

W9128A-09-R-0012 00010-4

PROPOSAL SCHEDULE “B”

WAIANAE SMALL BOAT HARBOR

MAINTENANCE DREDGING PROJECT

0003 Mobilization and Demobilization 1 LS $__________

0004 Dredging (Federal Project Limits) 1 LS $__________

W9128A-09-R-0012 00010-5

PROPOSAL SCHEDULE “C”

HALEIWA SMALL BOAT HARBOR AND WAIANAE SMALL BOAT HARBOR

MAINTENANCE DREDGING PROJECTS

HALEIWA HARBOR

0001 Mobilization and Demobilization 1 LS $__________

0002 Dredging (Federal Project Limits) 1 LS $__________

WAIANAE HARBOR

0003 Mobilization and Demobilization 1 LS $__________

0004 Dredging (Federal Project Limits) 1 LS $__________

NOTES TO PROPOSAL SCHEDULE “A”, “B”, AND “C.”

1. Failure to submit an offer on all Proposal Schedules, “A”, “B”, and “C” may cause the Offeror to be considered ineligible for award.

2. Failure to provide an offer on all items within each of the Proposal Schedules “A”, “B”, or “C” may cause the offer to be considered ineligible for award.

W9128A-09-R-0012 00010-6

PAYMENTS

Compensation for all work to be performed under this contract will be made under the payment item(s) listed herein. The principal features of the work to be included under the payment item(s) are noted. Work required by the drawings and specifications and not particularly mentioned shall be included in and be paid for under the contract price for the item to which the work pertains. Prices(s) and payment(s) for the item(s) shall cover all work, complete and finished in accordance with the specifications, schedules, and drawings, and shall be full compensation for all work in connection therewith, including quality control and the cost of performance-and payment-bond premiums as specified in the CONTRACT CLAUSES. Price(s) and payment(s) shall constitute full and final compensation for furnishing all materials, equipment, management, supervision, labor, transportation, fuel, power, water, and all incidental items necessary to complete the work, except as otherwise specified to be furnished by the Government. For the purpose of CONTRACT CLAUSE entitled "PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS", the term "designated billing office" and "designated payment office" are as follows:

a. Billing Office

U.S. Army Engineer District, Honolulu Fort Shafter Area Office, Bldg 230 Fort Shafter, HI, 96858-5440

b. Payment Office

USACE Finance Center Attn: CEFC-FP 5722 Integrity Drive Millington, TN 380554-5005

Item numbers mentioned herein after correspond to the item numbers in the PROPOSAL SCHEDULE.

a. Item No. 0001, Mobilization and Demobilization, will be paid for at the contract price, complete, including miscellaneous items, setting up, protection of the environment, traffic control, cleanup, demobilization, and all incidental items necessary to complete the work. Payment for this item will be in the proportion of 70 percent mobilization and 30 percent demobilization.

b. Item No. 0002, Dredging (Federal Project Limits), will be paid for at the contract price, complete, including removal of material from within the Federal project limits of the channel and basin to the depths indicated on the drawings, sweeping, post-dredge hydrographic surveys, transportation and disposal of material and all incidental items to complete the work

c. Item No. 0003, Mobilization and Demobilization, will be paid for at the contract price, complete, including miscellaneous items, setting up, protection of the environment, traffic control, cleanup, demobilization, and all incidental items necessary to complete the work. Payment for this item will be in the proportion of 70 percent mobilization and 30 percent demobilization.

d. Item No. 0004, Dredging (Federal Project Limits) will be paid for at the contract price, complete, including removal of material from within the Federal project limits of the channel and basin to the depths indicated on the drawings, sweeping, post-dredge hydrographic surveys, transportation and disposal of material and all incidental items to complete the work.

W9128A-09-R-0012 00100-1

Section 00100 - Bidding Schedule/Instructions to Bidders

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

W9128A-09-R-0012 00100-2

(1) ASSIST (http://assist.daps.dla.mil);

(2) Quick Search (http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

52.214-22 EVALUATION OF BIDS FOR MULTIPLE AWARDS (MAR 1990)

In addition to other factors, bids will be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It is assumed, for the purpose of evaluating bids, that $500 would be the administrative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed administrative costs.

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

W9128A-09-R-0012 00100-3

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be

W9128A-09-R-0012 00100-4 deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient

W9128A-09-R-0012 00100-5 competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed price construction contract resulting from this solicitation.

W9128A-09-R-0012 00100-6

52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)

(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, Davis-Bacon Act, 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

69.1% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

W9128A-09-R-0012 00100-7

(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 Honolulu County, State of Hawaii.

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (Feb 2009)

(Applicable to the “Mobilization and Demobilization” portion of the solicitation and contract(s) not utilizing Recovery Act funds.)

(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 Act--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 Act 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 Act 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 Act, 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

W9128A-09-R-0012 00100-8 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.

(End of provision)

52.225-22 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED

GOODS--BUY AMERICAN ACT--CONSTRUCTION MATERIALS (MAR 2009)

(Applicable to the “Dredging (Federal Project Limits)” portion of the solicitation and contract(s) funded exclusively with Recovery Act funds.)

(a) Definitions. ``Construction material,'' ``domestic construction material,'' ``foreign construction material,'' ``manufactured construction material,'' ``steel,'' and ``unmanufactured construction material,'' as used in this provision, are defined in the clause of this solicitation entitled ``Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials'' (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act 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 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act 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) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract--

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of 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 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

W9128A-09-R-0012 00100-9

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 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.

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.

52.233-2 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

Contracting Division (CECT-POH-C, Kent Tamai) U.S. Army Corps of Engineers, Honolulu District Building 230 Fort Shafter, Hawaii 96858-5440

(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 of the Waianae Small Boat Harbor is scheduled to commence directly after the pre-proposal conference. A subsequent site visit of the Haleiwa Small Boat Harbor will be conducted from 1:00 P.M., Hawaiian Standard Time, with all interested parties meeting at the Haleiwa Harbor Agent’s office.

(c) Refer to Provision No. S-36.4 entitled PRE-PROPOSAL CONFERENCE in this Section 00100 for information on the conference.

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

W9128A-09-R-0012 00100-10

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

S-19.1 APPROVAL OF SUBCONTRACTING PLAN

If the Contract Clause in this solicitation entitled "Small Business Subcontracting Plan" or its Alternate I or II applies, no award will be made until the subcontracting plan under the stated clause is approved.

[End of Statement]

S-19.3 SMALL DISADVANTAGED BUSINESS GOAL FOR SMALL BUSINESS SUBCONTRACTING

PLAN

When a small business subcontracting plan is required by FAR clause entitled, “SMALL BUSINESS SUBCONTRACTING PLAN”, the minimum goal that will be accepted for subcontracting with Small Disadvantaged Business is five percent (5%).

S-28.1 EXECUTION OF BID BOND (AUG 1994)

If the bidder's name and address on the bid form (Standard Form 1442) and those on the bid bond form (Standard Form 24) are different from each other, the bid may be rejected as nonresponsive. Accordingly, for its own protection, each bidder shall see to it that the name and address on both forms are identical.

S-28.3 PENAL SUM AND FORM OF BID GUARANTEE

(Applicable to offers exceeding $100,000)

Each offeror shall submit with its offer a separate bid guarantee using Standard Form 24, Bid Bond, with good and sufficient surety or sureties acceptable to the Government, or other security as provided in the clause entitled BID

W9128A-09-R-0012 00100-11

GUARANTEE in the CONTRACT CLAUSES section. This security shall be in the form of twenty percent (20%) of the offered price or three million dollars ($3,000,000), whichever is less. The penal sum of the bond may be expressed in terms of a percentage of the offered price or may be expressed in dollars and cents.

Failure to submit a bid guarantee by the time and date set for receipt of proposals may be cause for rejection of a proposal, except as provided in provision 52.215-1, Instructions to Offerors--Competitive Acquisition.

S-36.2 MAGNITUDE OF THE PROPOSED PROJECT [FAR 36.204]

Estimated Price Range: The estimated price range of this work is between $1,000,000 and $5,000,000.

S-36.4 PRE-PROPOSAL CONFERENCE (JUL 1995)

a. A pre-proposal conference will be conducted by the Government on 19 May 2009 from 8:30 A.M., Hawaiian Standard Time. The conference will be held at the Waianae Small Boat Harbor in the Waianae Harbor Agent’s office in the upstairs conference room followed by a site visit that should be completed by 11:00 A.M. The Waianae Harbor Agent’s office is identified on the project drawings. All interested parties will reconvene at 1:00 P.M. at the Haleiwa Harbor Agent’s office that is also identified on the project drawings prior to the Haleiwa Small Boat Harbor site visit. All planholders (prime contractors, subcontractors, and suppliers) are urged to attend this conference. Planholders who plan to attend should notify the Government of the number of attendees by no later than two (2) working days prior to the date of the conference. Notification can be made as follows:

(1) Telephone: 808-438-1680 Point of Contact: Jessica Podoski

(2) Facsimile: 808-438-2263/1307

(3) Mail: U.S. Army Corps of Engineers, Honolulu District ATTN: CEPOH-EC-T, Ms. Jessica Podoski Building 230 Fort Shafter, Hawaii 96858-5440

b. Any questions planholders may have concerning the project, plans, or specifications should be submitted in writing, on letterhead stationery, sufficiently in advance of the conference, to permit preparation of answers, which will be provided at the conference. The questions should be faxed as soon as possible, and followed by an original through mail. Use the facsimile number and address shown in paragraph a. above. During the conference, written, signed questions will be accepted, and will be answered during the conference if time permits.

c. A complete record of the conference, including questions raised by planholders and answers provided by the Government, will be made and a copy furnished to all planholders. However, any answer, clarification, or explanation given at the conference will not qualify or change the terms of the request for proposal (including the plans and specifications). Unless the request for proposal is amended in writing, it will remain unchanged. If an amendment to the request for proposal is issued as a result of the conference, normal procedures relating to issuance and acknowledgement of receipt will apply.

d. All costs incurred to attend and participate in the pre-proposal conference and any site visits (see paragraph e.

below) will be at the expense of the planholder. This includes, but is not limited to, the cost of transportation, per diem, and hotel accommodations.

W9128A-09-R-0012 00100-12

e. Refer to provision entitled SITE VISIT (CONSTRUCTION) in Section 00100 for information on the pre-proposal site visit.

S-4.1 JOINT VENTURE OFFERORS (JUN 2003)

All Offerors in a Joint Venture shall submit their executed joint venture agreement. In addition, Joint Venture firms must obtain/submit their tax identification number (TIN), Data Universal Numbering System (DUNS) No., Section 00600, Representations and Certifications and register in Central Contractor Registration (CCR) as a joint venture.

S-5 FOREIGN-BUILT DREDGES AND TRANSPORTATION OF DREDGED MATERIAL (AUG 2005)

Bidders are reminded that the contract to be awarded under this solicitation is subject to both the Act of May 28, 1906, commonly known as “the Foreign Dredge Act” (codified at 46 U.S.C. App. 292) and the Merchant Marine Act of 1920 (codified at 46 U.S.C. App. 883).

For the purposes of this solicitation, in very broad and general terms, the above Acts generally indicate that foreign-built dredges shall not engage in dredging in the United States and that merchandise, including the dredged material under this contract, must be transported by vessels built in and documented under the laws of the United States and owned by persons who are citizens of the United States. Exceptions to these general statements do exist; any inquires regarding the applicability of the exceptions to a specific dredge or vessel should be directed to the Contracting Officer.

SAMPLE

00100AppA-1

SMALL BUSINESS SUBCONTRACTING PLAN

CONTRACTOR: _______________________

ADDRESS: ___________________________

PHONE: ___________________________

DUNS NO.: _________________________

SOLICITATION OR CONTRACT NUMBER: ____________________________

DESCRIPTION: __________________________________________________

1. The information herein provided, together with any attachments and subsequent amendments, is submitted as a subcontracting plan to satisfy the applicable requirements of P.L. 99-661 Section 1207, P.L. 100-180 Section 806, and FAR 52.219-9 (Jan 1991).

2. The following percentage goals, expressed in terms of a percentage of total planned subcontracting dollars, are applicable to the contract cited above or to the contract awarded under the solicitation cited above.

a. The total estimated percentage of all planned subcontracting to all types of business concerns under this contract is Insert whole dollars & percentage.

b. Small Business Concerns: Insert whole dollars & percentage of total planned subcontracting dollars under this contract is estimated to go to small business concerns.

c. Small Disadvantaged Business Concerns: Insert whole dollars & percentage of total planned subcontracting dollars under this contract is estimated to go to small disadvantaged business concerns.

d. Women-Owned Small Business Concerns: Insert whole dollars & percentage of total planned subcontracting dollars under this contract is estimated to go to women-owned small business concerns.

e. HUBZone Small Business Concerns: Insert whole dollars & percentage of total planned subcontracting dollars under this contract is estimated to go to HUBZone small business concerns.

f. Veteran-Owned Small Business Concerns: Insert whole dollars & percentage of total planned subcontracting dollars under this contract is estimated to go to veteran-owned small business concerns.

00100AppA-2

g. Service Disabled Veteran-Owned Small Business Concerns: Insert whole dollars & percentage of total planned subcontracting dollars under this contract is estimated to go to service disabled veteran-owned small business concerns.

3. Option Years: (State the goals for the option years. If the same percentages will be used, state, “Same percentages as noted above will be used for each option year.” If there are no option years, leave this portion out of your plan.)

4. The following principle types of supplies and services are anticipated to be subcontracted under this contract to small business, small disadvantaged business, women-owned small business, HUBZone small business, veteran-owned small business, and service disabled veteran owned small business concerns:

Provide listing of subcontractors, their business size, and amount to be subcontracted. For example:

Contractor Size Type of Work $ or % S&S Sampling SB Soil drilling $5,000 ABC Testing SDB…