Am0003.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

Am-0003 29 May 09

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE Contracting Division (CECT-POH-C) US Army Corps of Engineers, Honolulu District Building 230 Fort Shafter, HI 96858-5440

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and Zip Code) (x) 9A. AMENDMENT OF SOLICITATION NO.

W9128A-09-R-0012 X

9B. DATED (SEE ITEM 11)

1 May 09

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ X ]The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] is extended, [X]is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning ____ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required) NA

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: FAR CLAUSE 52.243-4, CHANGES

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not, [ ] is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

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

(See page 2 )

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Am-0003 Standard Form 30 Solicitation No. W9128A-09-R-0012 Page 2 of 2 Pages Item 14 (Continued)

1. CHANGES TO THE SOLICITATION. Attached hereto are new and revised pages to specifications.

Revised pages replace like-numbered pages. The revision mark “(Am-0003)” is shown on each new and revised page.

a. REVISED ITEMS. Following are revised items to the specifications. Changes are indicated in bold print. Although the entire sections are being re-issued, only the following sub-items are changed within the sections:

Section 00010, SF1442, page 1, Item 13A, proposal closing date Section 00120, paragraph 1.5 Section 00700, clause 52.211-12

b. DELETED ITEMS:

Entire Project (technical) Specifications for Waianae SBH Entire Project (technical) Specifications for Haleiwa SBH

c. NEW ITEMS. The following sections or pages are added to the specifications:

Combined Project (technical) Specifications for Waianae SBH and Haleiwa SBH

2. CHANGES TO DRAWINGS: REVISED DRAWINGS (ISSUED). The following revised drawings replace like-numbered drawings (includes revision letter “a” changes dated 5/22/09 made narratively in Am-0001) and are issued herewith:

WAIANAE

RING NO. DRAWING NO. SHEET NO. LTR REVISION DATE

1 1 T-1 a, b 5/22/09, 5/28/09 2 2 C-1 a 5/22/09 3 3 C-2 b 5/28/09 4 4 C-3 b 5/28/09 5 5 C-4 b 5/28/09 6 6 C-5 b 5/28/09

HALEIWA

RING NO. DRAWING NO. SHEET NO. LTR REVISION DATE

1 1 T-1 a, b 5/22/09, 5/28/09 2 2 C-1 a 5/22/09 3 3 C-2 b 5/28/09 4 4 C-3 b 5/28/09

3. The proposal closing date of June 8, 2009, 2:00 P.M., Hawaiian Standard Time, remains unchanged.

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

(SEE MAIN TABLE OF CONTENTS)

* Fill-in for Item 11: See Section 00700, Clause 52.211-10 for number of calendar days the Contractor shall complete work.

(Am-0003)

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 1400 8 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 00120-1 (Am-0003)

SECTION 00120

PROPOSAL SUBMISSION REQUIREMENTS

AND EVALUATION FACTORS

1.0 GENERAL

1.1. Cost of Preparing Proposals

The Government will not reimburse any Offeror any costs incurred in responding to this Request for Proposal.

1.2. Inquiries

Address all inquiries regarding this Request for Proposals to:

Contracting Division (CECT-POH-C, Joy Sakamoto) U.S. Army Corps of Engineers, Honolulu District Building 230 Fort Shafter, Hawaii 96858-5440 Telephone No. (808) 438-8593 Facsimile No. (808) 438-8588 E-Mail: joy.t.sakamoto@usace.army.mil

1.3 Submittal of Proposals

Submit proposal packages to the US Army Corps of Engineers (“the Government”) as shown in Block 8 of Standard Form 1442.

Proposals received by the Government after the date and time set for receipt of proposals will be handled in accordance with the requirements of Provision “52.215-1, Instructions to Offerors⎯Competitive Acquisition (Jan 2004),” subparagraph (c), found in Section 00100.

1.4 Proposal Evaluation

The Government intends to award without discussions to the Offeror with the Lowest Priced, Technically Acceptable (LPTA) proposal, in accordance with the provisions of this solicitation and applicable acquisition regulations. The Government will evaluate offers in accordance with the NON-PRICE EVALUATION FACTORS described in paragraph 2.5 of this section and the Offeror’s proposed price.

1.5 Contract Award

Offerors are advised that the Government intends to award without discussions (except clarifications as described in FAR 15.306(a) may be requested). Proposals that receive an unacceptable rating on any of the non-price factors may be determined unacceptable and may not receive further consideration for award. However, the Government reserves the right to conduct discussions with Offerors determined to be within the competitive range if determined to be necessary.

Upon completing the evaluation of all non-price proposals, the Contracting Officer may, in accordance with the provisions of this solicitation and applicable acquisition regulations, evaluate price. In the event that discussions are determined necessary, the Contracting Officer may conduct discussions with Offerors determined to be within the competitive range. In determining the competitive range, the Government may include analysis of the non-price and price proposals of Offerors. Upon conclusion of discussions, the Contracting Officer may request final proposal revisions and may, upon receipt of final proposal revisions, proceed to award a contract without further discussions or notice.

The Government will award contract(s) to the Offeror(s) providing the lowest price in the following order of precedence:

(a) The Government will award a single contract to the Offeror who provides the lowest price for Proposal Schedule “C” if that price is lower than the lowest price for Proposal Schedule “A” + the lowest price for Proposal Schedule “B”.

W9128A-09-R-0012 00120-2

(b) If award cannot be made under paragraph (a) above, the Government intends to make award using Schedules A and/or B. The Government will award to the lowest price proposal for Schedule A. The Government will award to the lowest price proposal for Schedule B.

2.0 PROPOSAL FORMAT

2.1 General

Submit proposals in three (3) separate envelopes. All proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g. bold face print or underlining. Proposal replacement pages shall be clearly marked “REVISED”, shall show the date of revision, and shall be submitted in the appropriate number of copies (e.g., if four copies of the original page was required, then four copies of the revised page will also be required).

2.1.1 Volume I, Non-Price Proposal: One envelope shall be clearly marked, “VOLUME I, NON-PRICE PROPOSAL, RFP NO. W9128A-09-R-0012”. Volume I shall include the following:

• Original and one copy of completed Standard Form (SF) 1442, using a printed copy of the SF 1442 included in this solicitation for the contract.

• Original and one copy (certified as a true copy) of the Offeror’s executed joint venture agreement (if the Offeror is a joint venture).

• Original and one copy of completed Section 00600, Representations and Certifications, using a printed copy of Section 00600 included in this solicitation. 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.

• Original of completed, if applicable, SF LLL, Disclosure of Lobbying Activities, using a printed copy of the SF

LLL included as Appendix A in Section 00600.

• Original and four copies of the Non-Price Proposal described in paragraph 2.5.

2.1.2 Volume II, Price Proposal: The second envelope shall be clearly marked, “VOLUME II, PRICE PROPOSAL, RFP NO. W9128A-09-R-0012.”

2.1.3 Volume III, Subcontracting Plan (only required from Large Business Concerns)

If the Offeror is a large business concern, the Offeror shall submit a subcontracting plan in accordance with FAR 52.219-9 (See Section 00100, Appendix A for a sample) NO LATER THAN 24 hours after the proposal closing date/time. The Offeror may fax its small business subcontracting plan to 808-438-8588, and submit the original within four (4) working days of the proposal due date.

Following are the subcontracting goals: 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 businesses, and f) 3.0% of subcontracted amount with service disabled veteran-owned small businesses.

Only the selected Offeror’s plan will be reviewed and must be approved prior to award of the contract.

2.1.4 Table of Contents

Proposal volumes shall be tabbed. Each of the proposal volumes shall include a Table of Contents that includes the title of the subject matter discussed therein and the page number where the information can be found. The volumes shall be organized in the same order listed in paragraph 2.4 of this Section. Each evaluation factor shall be separately tabbed. Proposals that are not correctly tabbed may be considered unacceptable.

2.2. Proposal Presentation

W9128A-09-R-0012 00120-3

Prepare proposals in the English language.

The proposal shall be neatly organized and bound. All pages, except divider tabs, shall be numbered. Pages shall be single-sided, numbered, and shall be typed. Type pitch shall be 10 pitch or larger.

Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in the tab for each factor.

2.3 Proposal Content

Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors set forth below in paragraph 2.5, “VOLUME I, NON-PRICE PROPOSAL”.

Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of Provision “52.215-1, Instructions to Offerors⎯Competitive Acquisition (Jan 2004),” subparagraph (e), which is found in Section 00100 of this solicitation. The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

2.4 Evaluation Factors

All proposals will be evaluated on non-price and price factors. Offerors are required to provide data addressing all stated factors in a clear and understandable format. If an Offeror does not have data relating to a specific factor, it shall be clearly stated in the proposal. Proposals that do not clearly address all factors may be considered unacceptable and may not receive further consideration.

NON-PRICE FACTORS (Volume I):

Factor I, Experience

Factor II, Past Performance

Factor III, Small Business Program, Past Performance in complying with Small Business Subcontracting Plan

PRICE (Volume II)

2.5 Volume I, Non-Price Proposal

Data provided in response to the non-price factors described below shall be included in Volume I, “Non-Price Proposal”. Only data from the Offeror will be evaluated. If the Offeror is a joint venture, the Offeror must provide evidence of a binding teaming agreement or other contractual agreement, which creates legal responsibility on the part of all contractors in the joint venture.

2.5.1 Factor I, Experience

2.5.1.1 Submission Requirements

Offerors shall identify a maximum of three (3) projects, and provide a Project Data Sheet (Attachment 1 to this section) for each of the projects identified. If more than three projects are submitted, only the first three projects identified in the proposal will be evaluated. All requested information shall be provided. Failure to provide any of the requested information may be cause to eliminate a project from consideration in the evaluation. Only the form provided as Attachment 1 will be accepted. Data submitted in any other format will be eliminated from consideration.

2.5.1.2 Basis of Evaluation

Data provided in support of this factor shall clearly demonstrate the Offeror’s ability to meet the requirements of the contract based on its experience on relevant contracts. Only experience considered relevant to this contract will be considered. For a contract to be considered relevant, the contract must have been awarded to the

W9128A-09-R-0012 00120-4

Offeror and have been declared substantially complete between 1 May 2004 and 31 April 2009 and each contract must have involved the characteristic listed below. The Offeror shall demonstrate experience in the listed characteristic. Evidence of substantial completion from the contracting agency must be included in the proposal in order for a contract to be considered relevant.

If the Offeror is submitting contracts based on its experience as a subcontractor, and not as the prime contractor, then the characteristic listed below must apply to the subcontract in order for the experience to be considered relevant. All data shall be provided in terms of the subcontract it was awarded, not the overall prime contract.

If the Offeror intends to rely on its joint venture partner’s experience, the Offeror shall submit a Project Data Sheet and narrative description for the joint venture partner’s relevant contract(s).

Single or Multiple Award task order contracts are not considered relevant projects, but an individual task order of the contract may be submitted if it meets the requirements for a relevant contract.

Characteristic Contract involved nearshore or marine environment mechanical harbor maintenance dredging, dredging material dewatering and disposal.

Acceptable The Offeror or both members of a joint venture partner provided at least one relevant contract in the listed characteristic. Evidence of substantial completion is provided for all relevant contracts.

Unacceptable The Offeror or at least one of the joint venture partners has not demonstrated experience on at least one relevant contract in the listed characteristic, or evidence of substantial completion is not provided for at least one relevant contract.

2.5.2 Factor II, Past Performance

2.5.2.1 Submission Requirements

Data provided in support of this factor shall clearly demonstrate the Offeror’s ability to meet the requirements of the contract based on its documented past performance history on relevant contracts. Past performance on relevant contracts will be considered (see paragraph 2.5.1 above) to determine if the factor is acceptable.

For each of the contracts identified in Factor I, Offerors shall submit EITHER an agency-generated performance evaluation, similar to DD Form 2626, OR a completed Performance Evaluation Questionnaire (Attachment 2). If an agency-generated performance evaluation is not available for the submitted project(s), then the Performance Evaluation Questionnaire found at the end of this section as Attachment 2 must be completed and submitted.

The Offeror should explain problems encountered and actions taken for any contract listed.

For those projects requiring submittal of the attached Performance Evaluation Questionnaire, the Offeror shall complete Part A. Offeror shall then send the partially completed forms to the Contracting Officer (respondent) or equivalent point of contact, for the identified contract for completion of Part B. They shall be instructed to submit the completed evaluation questionnaires (Parts A and B) directly to the Contract Specialist listed in paragraph

1.2 of this section. The Government may contact and interview the points of contact, and reserves the right to interview other individuals acting for the listed reference, if the listed reference is not available.

2.5.2.2 Basis of Evaluation

The Government will not release the Performance Evaluation Questionnaire forms to the Offeror at any time, in order for the Government to solicit candid, unbiased interview comments. The Government may use personal knowledge or information from other sources such as agency performance databases in its evaluation of an Offeror’s past performance.

Acceptable The Offeror or joint venture partners were rated no less than overall Satisfactory in the agency-generated performance evaluations or in the Performance Evaluation questionnaire, as applicable, on at least one relevant project that was completed or substantially completed after 1 May 2004.

Unacceptable The Offeror or joint venture partners were rated less than overall Satisfactory in the

W9128A-09-R-0012 00120-5 agency-generated performance evaluations or in the Performance Evaluation questionnaire, as applicable, on any relevant projects that were completed or substantially completed after 1 May 2004.

Neutral The Offeror or joint venture partners do not have any record of past performance on any relevant contracts or information on past performance on relevant contracts is not available.

2.5.3 Factor III, Small Business Program, past performance in complying with Small Business Subcontracting Plan.

2.5.3.1 Submission Requirements

Provide SF 294s, "Subcontracting Report for Individual Contracts" for all submitted relevant contracts. Provide reasonable justifications if goals were not met. If the relevant contracts did not require the submission of SF 294s, provide SF 294s on any other substantially completed dredging contracts after 1 May 2004. If goals were not met, provide reasonable justifications.

2.5.3.2 Basis of Evaluation

Offerors shall submit data that demonstrate its use of Small Business Concerns. Small Business Concerns include small businesses (SB), small disadvantaged businesses (SDB), women-owned small businesses (WOSB), service disabled veteran-owned small businesses (SDVOSB), HUBZone small businesses, veteran-owned small businesses (VOSB) and historically black colleges/universities or minority institutions (HBCU/MI).

Acceptable Offeror's Small Business Subcontracting Plan goals were met or reasonable justifications for not achieving these goals provided. Offers from Small Business concerns shall receive an acceptable rating.

Unacceptable

Offeror's Small Business Subcontracting Plan goals were not met and no reasonable justification for not achieving these goals is provided.

Neutral The Offeror was not required to submit SF 294s on any contracts listed.

2.6 Volume II, Price Proposal

2.6.1 Submission Requirements

Original and one copy of Section 00010, Price Proposal Schedule. Indicate whether or not Facilities Capital Cost of Money is included in the Offeror’s costs of performing the work. Proposals that state that Facilities Capital Cost of Money is not included, or proposal that do not address Facilities Capital Cost of Money, will be deemed to have waived Facilities Capital Cost of Money.

Original bid guarantee in the form and amount that is required by the provision entitled “Penal Sum and Form of Bid Guarantee”, in Section 00100 and other pertinent provisions and clauses in this solicitation.

2.6.2 Price Evaluation

The Government will compare the Offeror’s price (Total Proposal Schedules as set forth in the Proposal Schedule, Section 00010) to the Independent Government Estimate and prices of other Offerors to determine fair and reasonableness. The Haleiwa totals in Schedules A and C will be evaluated for fair and reasonableness. The Waianae totals in Schedules B and C will be evaluated for fair and reasonableness. If any of those prices are determined not to be fair and reasonable, the proposal is ineligible for award, unless corrected through discussions.

Failure to complete all Schedules A, B and C of the Proposal Schedule will make a proposal ineligible for award, unless corrected through discussions.

W9128A-09-R-0012 00120-6

Attachment 1

PROJECT DATA SHEET

RFP No. W9128A-09-R-0012

The data provided on this sheet will provide supporting information for the Offeror’s Experience (Factor I). Use this form to document relevant contracts that were substantially completed between 1 May 2004 and 31 April 2009. Properly referenced continuation sheets may be used if needed. Submit no more than 5 pages per contract -- data sheet plus continuation sheets.

Offeror’s Name:

Point of Contact:

Phone Number:

Fax Number:

E-Mail Address:

Contract No: ___________________________________________________________________________

Contract Title: ___________________________________________________________________________

Location: ___________________________________________________________________________

Was Offeror the Prime? ______________________________________________________________________

Completion Date/Substantially Complete Date: ___________________________________________________

Explain how the characteristic was met on continuation sheets.

Characteristic 1 Contract involved nearshore or marine environment mechanical harbor maintenance dredging, dredging material dewatering and disposal.

Project Description:

W9128A-09-R-0012 00120-7

Attachment 2

PERFORMANCE EVALUATION QUESTIONNAIRE

PART A (to be completed by Offeror)

Name of Offeror:

Contract Number/Contract Title /Location

Contract Description (used to ensure correct project is being evaluated):

Award Date:

Original Completion Date:

Actual Completion Date:

PART B (send directly to the Administrative Contracting Officer/Respondent)

Organization Name:

Your Name:

Your Title: Phone Number:

Your role on this contract:

Name and phone number of any additional person(s) who may or may not have a different opinion on this contractor's job performance.

1. How would you rate the overall performance of the Offeror? (Circle the appropriate rating and provide supporting narrative or comments, especially if Outstanding or Unsatisfactory)

Outstanding Above Average Satisfactory Marginal Unsatisfactory

W9128A-09-R-0012 00120-8

2. Quality Control. Rate the contractor’s execution of quality control in terms of the following elements:

N/A Outstanding Above Average

Satisfactory Marginal Unsatisfactory

Quality of workmanship Storage of materials Adequacy of materials Adequacy of QC testing Identification/Correction of deficient work in a timely manner

Remarks:

3. Effectiveness of Management. Rate the contractor’s ability to manage the work in terms of the following elements:

N/A Outstanding Above

Average Satisfactory Marginal Unsatisfactory

Cooperation and responsiveness

Management of resources/personnel

Coordination and control of subcontractor(s)

Adequacy of site clean up Effectiveness of job-site supervision

Compliance with laws and regulations

Professional conduct Review/Resolution of subcontractor’s issues

4. Timely Performance. Rate the contractor’s ability to perform the work in a timely manner in terms of the following elements:

N/A Outstanding Above

Average Satisfactory Marginal Unsatisfactory

Adherence to approved schedule

Resolution of delays Completion of punchlist items

Submission of updated and revised progress schedules

W9128A-09-R-0012 00120-9

5. Compliance with Safety Standards. Rate the contractor’s jobsite safety practices in terms of the following:

N/A Outstanding Above

Average Satisfactory Marginal Unsatisfactory

Adequacy of safety plan

Implementation of safety plan

Correction of noted deficiencies

W9128A-09-R-0012 00700-1

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY FULL TEXT

52.202-1 DEFINITIONS (JUL 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix.

(End of clause)

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

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52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.203-7 ANTI-KICKBACK PROCEDURES. (JUL 1995)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

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"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from -

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $100,000.

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (JAN 1997)

(a) If the Government receives information that a contractor or a person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d) of Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C.

423) (the Act), as amended by section 4304 of the 1996 National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), the Government may--

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) Rescind the contract with respect to which--

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27(a) or (b) of the Act for the purpose of either--

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(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct constituting an offense punishable under subsections 27(e)(1) of the Act.

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

(a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of subsection 27 (a), (b), or (c) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in section 3.104 of the Federal Acquisition Regulation.

(b) The price or fee reduction referred to in paragraph (a) of this clause shall be--

(1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award;

(2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or "fee floor" specified in the contract;

(3) For cost-plus-award-fee contracts--

(i) The base fee established in the contract at the time of contract award;

(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point.

(4) For fixed-price-incentive contracts, the Government may--

(i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or

(ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price.

(5) For firm-fixed-price contracts, by 10 percent of the initial contract price or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award.

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(c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the Act by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.

(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP

2007)

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

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

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(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

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(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern--

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any…