A.2.11.3_16b2_26Feb2016.pdf

INVITATION FOR BID NO. W9128A-16-B-0002

SPECIFICATIONS

FOR

FY14 MCA PN 059779 Echo Pier Restoration, U.S. Army Kwajalein Atoll (USAKA) Republic of the Marshall Islands

U.S. Army Corps of Engineers

HONOLULU DISTRICT

W9128A-16-B-0002

Main Table of Contents i

Section 00 01 00 - Table of Contents

MAIN TOC

MAIN TABLE OF CONTENTS

Invitation for Bid (IFB) No. W9128A-16-B-0002, FY14 MCA PN 059779 Echo Pier Restoration, U.S.

Army Kwajalein Atoll (USAKA), Republic of the Marshall Islands

Section 00 10 00 SF 1442 and Bid Schedule

Section 00 21 13 Instructions, Conditions and Notices To Bidders

Section 00 45 00 Representations and Certifications

Appendix A, SF LLL, Disclosure of Lobbying Activities

Section 00 72 00 Contract Clauses

Section 00 73 00 Special Contract Requirements

Attachment A, Financial Policy and Rate Manual

Attachment B, DA 4283, Facilities Engineering Work Request

Attachment C, KLS Form 1310, Dig Permit

Attachment D, Project Signs

Division 1 General Requirements

Division 3 and 35 Technical Requirements

INSTRUCTIONS TO BIDDERS:

1. This procurement method is unrestricted design-bid-build procurement.

2. The Bidder is REQUIRED to COMPLETE AND RETURN ALL of the following sections of this solicitation: SECTION 00 10 00 and SECTION 00 45 00 (ALL) and all Appendices, and Bid Bond (See

Section 00 21 13, Provision 52.228-1). Please note that the representations and certifications must also be completed electronically via the Online Representations and Certifications Application (ORCA) website at http://sam.gov.

3. The bidder shall submit Subcontracting and Hiring Plan in accordance with Section 00 73 00, K-7, Utilization of Marshall Islands Subcontractors and Employment of Marshall Island Personnel.

4. Bidders must have and/or maintain an active registration with the System for Award Management

(SAM) website. To register in SAM, go to http://www.sam.gov.

5. Requests for Information (RFIs) shall be sent to W9128A-16-B-0002@usace.army.mil. The last day to submit RFIs is Thursday, March 24, 2016 at 10:00 a.m., Hawaiian Standard Time.

http://www.sam.gov/ mailto:W9128A-16-B-0002@usace.army.mil

Main Table of Contents ii

SUBMITTAL OF BIDS:

Bids may be submitted via U.S. Postal Service, Courier Service, or personally delivered as follows:

A. Bids submitted via U.S. Postal Service should be mailed to:

U.S. Army Corps of Engineers, Honolulu District

Contracting Division, ATTN: Dayna Matsumura / Jennifer Ko

Building 230, Otake Street

Fort Shafter, Hawaii, 96858-5440

B. Bids submitted via courier service or hand delivered shall be to:

Contracting Division, ATTN: Dayna Matsumura / Jennifer Ko

Building 252, Walker Drive

Fort Shafter, Hawaii, 96858-5440

See Attachment A for a map to Building 252 at Fort Shafter.

Section 00 01 00, Attachment A, Map to Building 252

Entrance to Fort Shafter is through Buckner Gate.

Due to heightened security, please have the following items available to provide to the guard:

1) valid drivers license;

2) vehicle registration;

3) certificate of insurance; and

4) current safety inspection.

All passengers must have a current photo ID.

Individuals renting a car will need to provide:

1) valid drivers license; and

2) rental car agreement.

Please allow sufficient time to be allowed on post and to find parking. (At least 1 hour)

FY14 MCA PN 059779 Echo Pier Restoration, U.S. Army Kwajalein Atoll (USAKA), Republic of the Marshall Islands

X

DAYNA MATSUMURA 808-835-4379

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

26-Feb-2016

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION

INFORMATION

A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within _______ 7 calendar days and complete it within ________ 763 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________ 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ 1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 21 April 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

due. B. An offer guarantee X is, is not not required.

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 _______ 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CECT - CONTRACTING DIVISION

USACE, HONOLULU DISTRICT

DISTRICT

BLDG 252 (CECT-POH)

POH)

FT. SHAFTER HI 96858-5440

W9128A

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM

PM

(hour)

Sealed envelopes containing offers

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

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX: TEL: TEL: FAX:

W9128A-16-B-0002 72

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

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

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

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

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - 1

Solicitation No. W9128A-16-B-0002

SECTION 00 10 00

FY2014 MCA PN 059779, ECHO PIER RESTORATION

U.S. ARMY KWAJALEIN ATOLL (USAKA),

REPUBLIC OF THE MARSHALL ISLANDS

ITEM

NO. DESCRIPTION QUANTITY UNIT AMOUNT

0001 Echo Pier 1 JOB $______________

BL A Station 10+50.76 (end of pier) to BL A station 6+48.52

LSC SUPPORT SERVICES (See Special Contract Clause K-32) $______________

TOTAL BASE BID $______________

(Sum of Item No. 0001 & LSC Support Services)

OPTIONS:

Item

No.

Option

BL A

Begin

BL A

End

(a)

Bid Amt

(b)

LSC Amt

(a)+(b)=(c)

Option Price

0002 1 6+48.52 5+44.66 $ $ $

0003 2 5+44.66 4+64.66 $ $ $

0004 3 4+64.66 3+84.67 $ $ $

0005 4 3+84.67 3+12.33 $ $ $

0006 5 3+12.33 2+63.84 $ $ $

0007 6 2+63.84 1+70.00 $ $ $

0008 7 1+70.00 0+95.00 $ $ $

0009 8 0+95.00 0+00.00 $ $ $

BASE BID (Item 0001) $ $ $

TOTAL OPTIONS 1 thru 8

(Item Nos. 0002 through 0009)

TOTAL BASE BID PLUS OPTIONS

THE FOLLOWING WILL BE COMPLETED BY THE CONTRACTING OFFICER UPON AWARD:

TOTAL AWARD AMOUNT (Total Base Bid plus Option Nos. _____________) $_________________

Section 00 10 00 - 2

NOTES TO BID SCHEDULE:

1. Available funding is limited to $56,087,246.

2. Failure to provide a bid on each of the items in the Bid Schedule (Base Bid and all Options) may cause the bid to be considered unresponsive.

3. Evaluation of bids for award will be based on the TOTAL BASE BID PLUS OPTIONS (column c), see

FAR 52.217-5, Evaluation of Options. By submission of a bid under OPTIONS, Bidder agrees that the Government may exercise any of Option Nos. 1 through 8 at time of award, or at any time within 270 calendar days following the date of the award of the basic contract.

4. Options, if and when executed, will be executed in ascending numerical order, i.e. Option 1 will be the first option executed, followed by Option 2, then Option 3, etc.

Section 00 10 00 - 3

PAYMENT(S)

Compensation for all work to be performed under this contract will be made under the payment items(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. Price(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 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

ATTN: Kwajalein Resident Office, Bldg 1075

PSC 701

APO, AP 96555

b. Payment Office

USACE Finance Center

Attn: CEFC-FP

5722 Integrity Drive

Millington, TN 38054-5005

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

Item No. 0001 Echo Pier, will be paid for at the contract price, complete in place and ready for use, including mobilization and demobilization, demolition and reconstruction of the pier structure from BL A station 10+50.76 thru BL A station 6+48.52, Pier Warehouse, On-Shore Warehouse, all temporary and permanent utilities supporting the warehouses and the pier, environmental protection, settlement monitoring, testing, cleanup, and all incidentals necessary to complete the work.

Item Nos. 0002 thru 0009, Options 1 thru 8, will be paid for at the contract price, complete in place and ready for use, including demolition and pier reconstruction between the BL A stations indicated for each option, permanent below grade utilities, testing, cleanup, and all incidentals necessary to complete the work.

Section 00 10 00 - 4

FOR INFORMATION ONLY:

1. In the table below, provide a breakout of the price of each Part (a through d) of the Total Base Bid Price, Item

No. 0001, and the LSC SUPPORT SERVICES. Information provided in this table will not be used to evaluate bids for the purpose of award.

a. The estimated cost for Part A below should include all costs associated with all work on the pier, BL A

Station 6+48.52 to BL A Station 10+50.76, including mobilization, demobilization, demolition, and temporary and permanent utilities.

b. The estimated cost for Items B below should include the total in-place cost of the scope associated with

Modernizing Pier Building,, incorporating costs of all materials, installed equipment, labor – direct and indirect, associated with construction of the facility inside the facility 5’-0” line.

c. The estimated cost for Part C below should include the total in-place of the scope associated with New

On-Shore Building, incorporating costs of all materials, installed equipment, labor (direct and indirect), associated with the construction of the facility inside the 5’0” line.

d. The estimated cost for Part d below should include all costs associated with all work outside the facilities’ 5’-0” line up to the beginning of the pier (BL A Station 0+00), including site improvements, demolition and utilities.

Part of Item No. 0001 – Base Bid Price

A. Modernize Pier

B. Modernize Pier Building

C. New On-Shore Building

D. Supporting Facilities

TOTAL BASE BID PRICE

(Item No. 0001)

2. If contaminated soil is encountered during construction, the Contractor may be required to provide or perform some of the following items. To minimize delays associated with encountering contaminated soil during construction, Bidder shall provide a unit price for each of the following items. The unit price for each item should reflect the total cost (including direct costs, indirect costs, markups, etc.) for that specific item. If contaminated soil is encountered during construction, the Contractor shall promptly notify the Contracting Officer that such a condition has been encountered, describe the condition encountered, and provide a listing of which of the following items may be necessary. Upon notification of encountering contaminated soil, the Contracting Officer will promptly investigate the matter, and if necessary, may issue a Change Order directing the Contractor to proceed with any or all of the required items. Bidders are advised that the following unit prices will not be part of the contract, but are merely a starting point for initiating the change order process.

A. DESCRIPTION Unit Unit Price

1) Prepare Sampling and Analysis Plan Ea $_________

2) Prepare Site Safety and Health Plan Ea $_________

3) Perform Tests:

Section 00 10 00 - 5

a) Polynuclear Aromatic Hydrocarbons (PAHs) Ea $_________

b) Aromatic and Halogenated Volatile Organic

Compounds (including Methyl Ethyl Ketone) Ea $_________

c) Lead/Cadmium Ea $_________

d) Polychlorinated Biphenyls (PCBs) Ea $_________

e) TPH- Diesel/Oil Range Organics (Excavated area) Ea $_________

f) TPH-Gasoline Range Organics Ea $_________

g) TCLP (for hazardous waste characterization stockpile) Ea $_________

h) TPH- Diesel/Oil Range Organics (Stockpiles) Ea $_________

4) Handling of Contaminated Soil

a. Remove and Dispose Contaminated Soil CY $_________

b. Replace with New Soil CY $_________

B. PAYMENT

The Item numbers described below correspond to the item numbers above in Note 2A.

a. Item No. 1) Prepare Sampling Analysis Plan, will be paid for at the contract unit price, including all incidental items necessary to complete the work.

b. Item No. 2) Prepare Site Safety and Health Plan, will be paid for at the contract unit price, including all incidental items necessary to complete the work.

c. Item No. 3)a, 3)b, 3)c, 3)d, 3)e, 3)f, 3)g, and 3)h. Perform Tests, will be paid for at the contract unit price, including sampling, analyses, reports and all incidental items necessary to complete the work.

d. Item No.4a), Remove and Dispose Contaminated Soil:

(1) Measurement for payment will be to the nearest cubic yard of contaminated soil acceptably removed and disposed.

(2) Payment for contaminated soil acceptably removed and disposed will be made at the applicable contract unit price per cubic yard, including, cleanup, and all incidental items necessary to complete the work.

e. Item No.4b), Replace with New Soil:

(1) Measurement for payment will be to the nearest cubic yard of new soil placed.

(2) Payment for new soil placed will be made at the applicable contract unit price per cubic yard, including, cleanup, and all incidental items necessary to complete the work.

Section 00 21 13 - 1

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013

52.214-3 Amendments To Invitations For Bids DEC 1989

52.214-4 False Statements In Bids APR 1984

52.214-5 Submission Of Bids MAR 1997

52.214-6 Explanation To Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984

52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - Modifications -

Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data--Modifications--Sealed Bidding OCT 2010

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.217-5 Evaluation of Options JUL 1990

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade

Agreements

MAY 2014

52.232-13 Notice Of Progress Payments APR 1984

252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be a DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15

CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)—EFARS

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

Section 00 21 13 - 2

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

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 --

Section 00 21 13 - 3

(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 U.S. Army

Kwajalein Atoll, Republic of the Marshall Islands

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be twenty (20) percent of the bid price or $3,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 14 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Contracting Division, Attn: Contracting Officer (W9128A-16-B-0002)

Otake Street, Building 230

Fort Shafter, Hawaii 96858-5440

Section 00 21 13 - 4

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

GAO.

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

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

http://farsite.hill.af.mil/ http://farsite.hill.af.mil/vfdfara.htm http://www.usace.army.mil/Portals/2/docs/Contracting/UAI_Version%203__1%20NOV%202014.pdf

K-4 PRE-BID SITE INVESTIGATION AND CONFERENCE (SEP 2015)

(a) A pre-bid site investigation and conference will be conducted by the Government on March 17, 2016 at 2:00 p.m. and March 18, 2016 at 9:00 a.m. at U.S. Army Kwajalein, Republic of the Marshall Islands. All planholders

(prime contractors, subcontractors, and suppliers) are urged to attend. Due to limited logistical support, only one representative from the prime contractor will be allowed to travel for purposes of attending the pre-bid site investigation and conference. Representatives who plan to attend will need to contact Ms. Dayna Matsumura and

Ms. Jennifer Ko at dayna.n.matsumura@usace.army.mil and jennifer.i.ko@us.army.mil, and provide a completed 55r and Food and Lodging worksheet by February 26, 2016.

(b) Upon arrival at the Kwajalein Airport, representatives (planholders) will be met by a Government representative.

Planholders are cautioned to schedule flights by contacting their commercial travel agent or United Airlines for arrival at Kwajalein not later than March 16, 2016. (Kwajalein time is 22 hours ahead of Hawaiian Standard Time.)

Departure from Kwajalein is recommended on March 18, 2016.

(c) A pre-bid conference will be conducted on March 17, 2016 at the Command Conference Room at Bldg 730, and a pre-bid site investigation will be conducted on March 18, 2016 at the Echo Pier, Dock Security Checkpoint, Building 623.

(d) Any Requests for Information (RFIs) from planholders (including those not attending the conference) concerning the project, plans, or specifications shall be submitted via e-mail on letterhead stationery, 7 days in advance of the conference.

(e) Written RFIs submitted by planholders and answers provided by the Government, will be provided by amendment. Any answers, clarifications, or explanations given at the conference is not binding and will not qualify or change the terms of the RFP (including the plans and specifications), unless the RFP is amended in writing.

http://www.usace.army.mil/Portals/2/docs/Contracting/UAI_Version%203__1%20NOV%202014.pdf mailto:dayna.n.matsumura@usace.army.mil mailto:jennifer.i.ko@us.army.mil

Section 00 21 13 - 5

(f) Attendance at the pre-proposal site investigation and conference, including transportation and lodging, will be at the expense of the planholder.

[End of Statement]

S-19A U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-

1-1 (Nov 2015)

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions.) EM 385-1-1 and its changes are available at the following web site:

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

The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

Per EM 385-1-1 (latest version) Contractors shall ensure timely accident reporting is strictly adhered to. PODR 265 will be completed within 24 hours of all accidents (excluding first aid injuries). ENG 3394 forms will be completed within 5 days of lost time accident and forwarded to the Contracting Officer or Contracting Officer Representative.

All accidents will be reported through the Honolulu Engineer District Safety Office, (808) 835-4009 within 24 hours of the incident.

S-2 ASBESTOS ABATEMENT (AUG 1996)

Asbestos abatement is part of the scope of work for the proposed contract. Refer to paragraphs entitled, "ASBESTOS --- (OCCUPATIONAL HEALTH AND ENVIRONMENTAL)" in Section 00 73 00 and applicable sections of the technical specifications and drawings. The Contractor shall inform responsible representatives of their insurer(s)/surety(ies) that asbestos abatement is required for the proposed contract.

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.

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

Section 00 21 13 - 6

S-28.2 PENAL SUM AND FORM OF BID BOND

(Applicable to bids exceeding $100,000)

Each bidder shall submit with its bid a separate Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided in contract clause entitled "BID

GUARANTEE", in the CONTRACT CLAUSES section of the solicitation. The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents.

Failure to submit a bid guarantee by the time set for opening of bids may be cause for rejection of a bid, except as provided in "LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS" of this solicitation.

[FAR 28.101-2]

S-36.18 ACCIDENT PREVENTION PLAN (DEC 1998)

Within 15 days after receipt of Notice of Award of the contract, and at least 7 days prior to the preconstruction conference, four copies of the Accident Prevention Program shall be submitted to the Contracting Officer for review and acceptance. The program shall consist of the following forms and documents:

(a) An executed POD Form 248-R Rev (1 Jun 98), Accident Prevention Program, Administrative Plan.

(b) An executed POD Form 184-R Rev (16 Oct 98), Activity Hazard Analysis. (At the Contracting Officer's discretion, the Contractor may submit its Activity Hazard Analysis only for the first phase of construction provided that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase.)

(c) A copy of company policy statement of accident prevention and any other guidance statements normally provided new employees.

Contractor shall not commence physical work at the site until the program has been accepted by the Contracting

Officer, or his authorized representative. In developing and implementing its Accident Prevention Program, the

Contractor is also responsible for reviewing Section 1 of the most current edition of US Army Corps of Engineers

Safety and Health Requirements Manual, Engineer Manual 385-1-1. [See paragraph entitled, SAFETY

STANDARDS, in Section 00 73 00]

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

(a) Physical Characteristics:

This design-bid-build project is to repair and modernize an existing pier at Kwajalein Atoll, and construct two new general purpose storage facilities and installation of infrastructure and utility systems. This project is in a remote location with a highly corrosive, hot, humid, and salt laden environment.

Pier work will include encapsulating a portion of the pier and filling the area, installing new piling, and installation of new decking. Work includes splash zone areas, repairs to existing berths, installation of new anchor rods, repair

Section 00 21 13 - 7 to pile caps, provide marine fenders, bollards and chocks, Antiterrorism/Force Protection measures, Energy

Monitoring and Control Systems (EMCS) connections, and building information systems. Work also includes demolishing an existing general purpose storage facility. Supporting facilities includes utility systems supporting the pier (electric, potable water, non-potable water, fire water, sanitary sewer service, lighting, and communications) to include installation of new utility connections appropriate to each berthing location.

(b) Estimated Price Range: The estimated price range of this work is: $40,000,000 to $60,000,000

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

00 45 00, Representations and Certifications and register in System for Award Management (SAM) https://www.sam.gov/portal/public/SAM/#1.

https://www.sam.gov/portal/public/SAM/#1

Section 00 45 00 - 1

Section 00 45 00 - Representations and Certifications

52.204-16 Commercial and Government Entity Code Reporting JUL 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan. MAR 2015

52.230-7 Proposal Disclosure--Cost Accounting Practice Change APR 2005

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government JUN 2010

252.247-7022 Representation Of Extent Of Transportation Of Supplies By Sea AUG 1992

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

Section 00 45 00 - 2

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

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

Products Under Service and Construction Contracts.

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

Section 00 45 00 - 3

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

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

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

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

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

52.225-5.

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

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran—Representation and Certification. This provision applies to all solicitations.

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

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

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

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

(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

Section 00 45 00 - 4

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the

NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

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

52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2015)

Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting

Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. Disclosure Statement -- Cost Accounting Practices and Certification

(a) Any contract in excess of $750,000 resulting from this solicitation will be subject to the requirements of the Cost

Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48

CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48

CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202.

When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

https://www.acquisition.gov/

Section 00 45 00 - 5

* (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows:

(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and

(ii) One copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)

Date of Disclosure Statement: ___ Name and Address of Cognizant ACO or Federal Official Where Filed: ___

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.

* (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required

Disclosure Statement was filed as follows:

Date of Disclosure Statement: ___ Name and Address of Cognizant ACO or Federal Official Where Filed: ___

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.

* (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

* (4) Certificate of Interim Exemption. The offeror hereby certifies that

(i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and

(ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.

Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

II. Cost Accounting Standards -- Eligibility for Modified Contract Coverage

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the

Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.

Section 00 45 00 - 6

* The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48

CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost

Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.

III. Additional Cost Accounting Standards Applicable to Existing Contracts

The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.

( ___ ) yes( ___ ) no

(End of Provision)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on…