20b1-Solicitation.pdf

Invitation for Bids No. W9128A20B0001

Honolulu Harbor

Maintenance Dredging

Honolulu, Island of Oahu

State of Hawaii

U.S. Army Corps of Engineers

HONOLULU DISTRICT

Honolulu Harbor Maintenance Dredging, Honolulu, Island of Oahu, State of Haw aii

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

14-Feb-2020

(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 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 w ithin _______7 calendar days and complete it w ithin ________540 calendar days after receiving aw ard, 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 w ork required are due at the place specif ied in Item 8 by ___________ local time ______________17 Mar 2020 (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.

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

C. All offers are subject to the (1) w ork 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 w ill not be considered and w ill 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

BLDG 252 (CECT-POH)

FT. SHAFTER HI 96858-5440

W9128A

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 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:

W9128A20B0001 91

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

W9128A20B0001

Section 00 10 00

Invitation for Bid No.

SECTION 00 10 00

BID SCHEDULE

HONOLULU HARBOR MAINTENANCE DREDGING

HONOLULU, ISLAND OF OAHU, STATE OF HAWAII

CLIN DESCRIPTION QUANTITY UNIT AMOUNT

0001 Mobilization/Demobilization 1 Job $_____________

0002 Dredging with Ocean Disposal 1 Job $_____________

(Areas U2, U3A-1, U3A-3, U3A-4, U3B, U4, U7)

0003 Dredging with Onshore Handling 1 Job $_____________

And Disposal

(Areas U3A-2, U5, U6)

TOTAL AWARD AMOUNT $_____________

____ Proposal DOES include Facilities Capital Cost of Money

____ Proposal DOES NOT include Facilities Capital Cost of Money

OFFEROR ELECTS TO WAIVE THE PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERN:

( ) NO

( ) YES

NOTES TO BID SCHEDULE:

1. This requirement is UNRESTRICTED.

2. See Section 00 72 00, FAR Clause 52.204-7, System For Award Management (OCT 2018), regarding registration in the SAM database. Lack of registration in the SAM database will make a bidder ineligible for award. Bidders must have and/or maintain an active registration with the System for

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

https://www.sam.gov/

3. Bidders must bid on all items. Failure to bid on all items in the Bid Schedule may cause the bid to be considered non-responsive.

4. Contractor is responsible for determining dredge quantity estimates based on drawings, survey data, and Federal channel limits provided as part of the solicitation documents.

5. Small Business Subcontracting Plan In accordance with Section 00 72 00, FAR Clause 52.219-9, Small Business Subcontracting Plan, the apparent low bidder shall submit the Small Business Subcontracting Plan that offers subcontracting possibilities NO LATER THAN five (5) working days after bid opening. The apparent low bidder may fax the small business subcontracting plan to (808)835-4395. Failure to submit the Small

Business Subcontracting Plan in a timely manner may cause the bidder to be considered non-responsive.

The U.S. Army Corps of Engineers considers the following goals reasonable and achievable for the performance of the resultant contract:

a. 14% of the subcontracted amount with small business;

b. 3% of the subcontracted amount with small disadvantaged business;

c. 2% of the subcontracted amount with woman-owned small business;

d. 2% of the subcontracted amount with HUBZone small business;

e. 0.5% of the subcontracted amount with services disabled veteran owned small business

6. Each Bidder shall submit the following documents. Failure to submit all required documents may result in the apparent low Bidder being considered non-responsive.

a. SF1442 (pages 1 and 2) including acknowledging all amendments.

b. Bid Schedule

c. Bid Guarantee (See SF1442, Block 13B and Clause 52.228-1, Bid Guarantee, in Section 00

72 00)

d. Section 00 45 00, Representations and Certifications

e. Section 00 45 00, Representations and Certifications, Appendix A – SF LLL, Disclosure of

Lobbying Activities

7. All Bidders shall provide one (1) copy of its entire bid on a CD within five (5) calendar days after the date of bid opening.

8. Requests for Information (RFI) must be submitted by Thursday, 5 March 2020 at 10:00 PM, Hawaii

Standard Time. Submit RFIs to:

E-mail Address: W9128A-20-B-0001@usace.army.mil

PAYMENT(S)

Compensation for all work to be performed under this task order will be made under the payment item(s) listed herein. The principal features of the work to be included under the payment item(s) are noted.

Work required by drawings and scope of work and not particularly mentioned shall be included in and be paid for under the task order 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 drawings, scope of work and shall be full compensation for all work in connection therewith, including quality control and cost of performance-and payment-bond premiums 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, lodging 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 CONSTRUCTON CONTRACTS”, the term “designated billing office” and “designated payment office” are as follows:

a. Billing Office

U.S. Army Engineer Division, Honolulu District

Fort Shafter Area Office, Bldg 230

Fort Shafter, HI 96858-5440

b. Payment Office

USACE Finance Center

Attn: CEFC-FP

5722 Integrity Drive

Millington, TN 38054-5005

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

CLIN 0001 – Mobilization/Demobilization.

CLIN 0001 will be paid for at the contract lump sum price, complete, for the mobilization and demobilization of all the Contractor’s plant and equipment.

1) 60 percent of lump sum price upon completion of the contractor’s mobilization at the work site.

2) The remaining 40 percent upon completion of demobilization.

CLIN 0002 – Dredging with Ocean Disposal (Areas U2, U3A-1, U3A-3, U3A-4, U3B, U4, U7).

CLIN 0002 will be paid for at the contract price, to include all labor, equipment and materials for the entire contract. This item shall include, but not be limited to water quality testing, environmental plans, dredging, hauling, disposal, miscellaneous times, setting up, protection of the environment, cleanup, and all incidental items necessary to complete the work.

CLIN 0003 – Dredging with Onshore Handling and Disposal (Areas U3A-2, U5, U6).

CLIN 0003 will be paid for at the contract price, to include all labor, equipment and materials for the entire contract. This item shall include, but not be limited to water quality testing, soil testing, environmental plans, dredging, hauling, dewatering, disposal, miscellaneous times, setting up, protection of the environment, cleanup, and all incidental items necessary to complete the work.

Sample Small Business Subcontracting Plan for IFBs – Page 1

SAMPLE

SMALL BUSINESS SUBCONTRACTING PLAN

CONTRACTOR: ___________________________________

ADDRESS: ____________________________________

PHONE: (______)_____________________________

DUNS NO.: ____________________________________

SOLICITATION OR CONTRACT NUMBER: _______________________________

DESCRIPTION: ________________________________________________________

* Federal Acquisition Regulation (FAR), paragraph 19.708(b)(1)) prescribes the use of the clause at FAR

52.219-9 entitled "Small Business Subcontracting Plan." The following is a suggested model for use when formulating such subcontracting plan. While this model plan has been designed to be consistent with FAR

52.219-9, other formats of a subcontracting plan may be acceptable. However, failure to include the essential information as exemplified in this model may be cause for either a delay in acceptance or the rejection of a bid or offer where the clause is applicable. Further, the use of this model is not intended to waive other requirements that may be applicable under FAR 52.219-9 or that may appear in the

Government’s solicitation. "SUBCONTRACT," as used in this clause, means any agreement (other than one involving an employer-employee relationship) entered into by a federal government prime contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

1. The information herein provided, together with any attachments and subsequent amendments, is submitted as a subcontracting plan to satisfy the applicable requirements of P.L. 99-661 Section 1207, P.L. 100-180 Section 806, and FAR 52.219-9, Alternate I (NOV 2016). Attached is a copy the company policy statement or internal guidance to company buyers recognizing understanding and commitment to the aforementioned public laws.

2. The following percentage goals, expressed in terms of a percentage of total planned subcontracting dollars, are applicable to the contract cited above or to the contract awarded under the solicitation cited above. (FAR 19.704(a)(1) and (2)) (The following table is an example.)

Total Planned Subcontracting dollars and percent under this contract estimated to go to SB Categories listed below:

Amount Percent

a. All types of business concerns under this contract. $100,000.00 50%

b. Small Business Concerns [including American Native

Corporations (ANC) and Indian tribes]. (% of “a”)

$18,000.00 18%

c. Veteran-Owned Small Business Concerns (% of “a”) $4,000.00 4%

Sample Small Business Subcontracting Plan for IFBs – Page 2

Total Planned Subcontracting dollars and percent under this contract estimated to go to SB Categories listed below:

Amount Percent

d. Service-Disabled Veteran-Owned Small Business Concerns.

(% of “a”)

$4,000.00 4%

e. HUBZone Business Concerns. (% of “a”) $10,000.00 10%

f. Small Disadvantaged Business Concerns (% of “a”) $17,000.00 17%

g. Women-owned Small Business Concerns. (% of “a”) $18,000.00 18%

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

4. The following principle types of supplies and services are anticipated to be subcontracted under this contract to small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business

(including ANCs and Indian tribes), and women-owned small business:

Provide listing of subcontractors, contact information such as phone number or email address, their business size, type of work, and amount to be subcontracted. For example:

Contractor Contract info Size Type of Work Amount Percent

S&S Sampling (999)555-5555 SB Soil Drilling $5,000 5%

ABC Testing abc@dot.com SDB Material testing $15,000 15%

XYZ Consultants (999)444-4444 WOSB Civil Engineering $7,500 7.5%

John Doe Surveying (000)333-3333 HUBZone Survey $15,000 15%

ACME Plumbing acme@dot.com SDB and

VOSB

Plumbing $8,250 8.2%

Ace Equipment ace@dot.com SDVOSB and VOSB

Equipment Rental $5,000 5%

AAA Electrical

Supplier aaa@dot.net VOSB Electrical Supplies $12,000 12%

5. The method used to develop the subcontracting goals in paragraph 2 above involved (FAR

19.704(a)(4)):

Provide statement that describes how goals were developed, e.g., “Identified firms that are capable of performing the services required in the disciplines indicated above and past experience in similar contracts.”

6. The method used to identify potential sources for solicitation purposes involve (FAR 19.704(a)(5)):

List sources of potential subcontractors. For example: SBA’s PRO-Net database, Corps of Engineers’ vendor listing, General Contractors’ Association, past experience and/or familiarity with specific subcontractors, etc.

7. Within the goals specified in paragraph 2 above, indirect costs are or are not included. (FAR

19.704(a)(6))

(A statement as to whether or not indirect costs are included in establishing subcontracting goals, and if indirect costs are included, a description of the method used to determine the proportionate share of indirect costs to be incurred with (i) small business (including ANCs and Indian tribes), (ii) Veteran-owned; (iii) Service-disabled veteran owned; (iv) HUBZone; (v) Small disadvantaged (including ANCs and Indian tribes); (vi) women-owned business concerns).

Sample Small Business Subcontracting Plan for IFBs – Page 3

NOTE: COMMERCIAL PLANS MUST INCLUDE INDIRECT COSTS.

8. The following individual will administer the subcontracting program (FAR 19.704(a)(7)):

Name: __________________________________

Title: __________________________________

Address: __________________________________

Telephone: (_______)_________________________

FAX: (_______)_________________________

The duties of the above named person(s) involve:

a. Developing and maintaining subcontractor and supplier lists of small (including ANCs and Indian tribes), veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged (including ANCs and Indian tribes), and women-owned small business concerns.

b. Ensuring small (including ANCs and Indian tribes), veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged (including ANCs and Indian tribes), and women-owned small business concerns are considered for assignments in which they are capable of performing.

c. Monitoring the progress toward proposed subcontracting goals, and if necessary, makes adjustments to achieve the subcontracting goals.

d. Preparing and submitting periodic subcontracting reports to include the Individual Subcontract

Report (ISR) and the Summary Subcontract Report (SSR) using the Electronic Subcontracting

Reporting System (eSRS) at www.esrs.gov following the instructions in the eSRS and FAR clause 52.219-9.

e. Notifying the Contracting Officer of any deviation from this subcontracting plan.

f. Make arrangements to identify small (including ANCs and Indian tribes), veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged (including ANCs and Indian tribes), and women-owned small business concerns through multiple sources such as

SBA’s SUB-Net (http://web.sba.gov/subnet/), CCR Dynamic Small Business Search

(http://dsbs.sba.gov/dsbs/dsp_dsbs.cfm), the National Minority Purchasing Council Vendor

Information Service, the Office of Minority Business Data Center in the Department of

Commerce, the facilities of local small business, minority associations, and contact with federal agencies’ Small Business Specialists.

g. Attending or arranging for the attendance of company counselors at Business Opportunity

Workshops, Minority Business Enterprise Seminars, Trade Fairs, Procurement Conferences, etc.

h. Overseeing the establishment and maintenance of contract and subcontract award records.

i. Ensuring small (including ANCs and Indian tribes), veteran owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged (including ANCs and Indian tribes), and women-owned small business concerns are made aware of subcontracting opportunities and how to prepare responsive bids to the company.

j. Preparing, and submitting timely, required subcontract reports.

k. Coordinating the company’s activities during the conduct of compliance reviews by Federal agencies.

http://www.esrs.gov/ http://web.sba.gov/subnet/ http://dsbs.sba.gov/dsbs/dsp_dsbs.cfm

Sample Small Business Subcontracting Plan for IFBs – Page 4

l. Providing technical assistance; e.g., engineering, quality control, and managerial assistance to small (including ANCs and Indian tribes), veteran owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged (including ANCs and Indian tribes), and women-owned small business concerns.

n. Other duties: ________________________________________________________________

9. The following outreach efforts will be taken to assure small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business concerns will have an equitable opportunity to compete for subcontracts:

Provide description of your outreach efforts. For example:

a. Sources will be identified from the Small Business Administration’s PRO-Net database.

b. Sources will be requested from business development organizations such as the Chamber of

Commerce and Regional Minority Development Councils.

c. Participation in small business trade fairs.

10. The offeror agrees that the clause in this contract entitled FAR 52.219-8, “Utilization of Small

Business Concerns” will be included in all subcontracts which offer further subcontracting opportunities, and all subcontractors (except small business concerns) who receive subcontracts in excess of $650,000 for supplies or services or greater than $1,500,000 for construction will be required to adopt and comply with a subcontracting plan similar to this one as required by FAR 52.219-9, “Small Business

Subcontracting Plan.” The acceptability of percentage goals shall be determined on a case-by-case basis depending on the supplies or services involved, the availability of potential small business (including

ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business subcontractors, and prior experience. (Flow-down of the subcontracting plan requirement is not applicable to subcontracts for commercial items in contracts that contain either

FAR 52.212-5(e) or FAR 52.244-6(c).)

11. The offeror agrees to:

a. Cooperate in any studies or surveys as may be required.

b. Submit periodic reports in order to allow the Government to determine the extent of compliance by the offeror with the subcontracting plan.

c. Submit on a semi-annual basis, the Individual Subcontract Report (ISR) and the Summary

Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) at www.esrs.gov following the instructions in eSRS and FAR Clause 52.219-9, in accordance with the instructions of the administering contracting office.

d. Ensure that its subcontractors agree to submit ISR and/or SSR using eSRS, if applicable.

e. Provide its DUNS number, and e-mail address of the official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans in order to enter the information into the eSRS when submitting ISRs; and

f. Require each subcontractor with a subcontracting plan provide the administer of this subcontracting plan, its DUNS number, and e-mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans. (FAR 19.704(a)(10))

12. The offeror agrees to maintain the following types of records to demonstrate compliance with this subcontracting plan: (FAR 19.704(a)(11))

a. Source lists, guides, and other data that identify small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone

Sample Small Business Subcontracting Plan for IFBs – Page 5 small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business concerns.

b. Organizations contacted for small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business concerns.

c. On a contract-by-contract basis, records on each subcontract solicitation resulting in an award of more than $150,000, indicating:

(1) Whether small business (including ANCs and Indian tribes) concerns were solicited and if not, why not,

(2) Whether veteran-owned small business concerns were solicited and if not, why not,

(3) Whether service-disabled veteran-owned business concerns were solicited and if not, why not,

(4) Whether HUBZone business concerns were solicited and if not, why not,

(5) Whether small disadvantaged business (including ANCs and Indian tribes) concerns were solicited and if not, why not, and

(6) Whether women-owned small business concerns were solicited and if not, why not,

(7) if applicable, the reason award was not made to a small business concern.

d. Records to support other outreach efforts to locate small business:

(1) Trade associations

(2) Business development organizations

(3) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women-owned small business sources

(4) Veterans service organizations.

e. Records of internal guidance and encouragement provided to buyers through –

(1) Workshops, seminars, training, business trade fairs, chamber of commerce, etc., and

(2) Monitoring performance to evaluate compliance with the program’s requirements.

f. On a contract-by-contract basis, records to support award data will be submitted to the

Government, including the name, address, and business size of each subcontractor.

13. In order to comply effectively to implement this plan to the extent consistent with efficient contract performance the following functions will be performed:

a. Assist small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business

(including ANCs and Indian tribes), and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

b. Provide adequate and timely consideration of the potentialities of small business (including

ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business concerns in all “make-or-buy” decisions.

c. Counsel and discuss subcontracting opportunities with representatives of small business

(including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small business concerns

Sample Small Business Subcontracting Plan for IFBs – Page 6

d. Confirm that a subcontracting representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the Central Contractor

Registration (CCR) database or by contacting SBA.

e. Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged or women-owned small business for the purpose of obtaining a subcontract thiat is to be included as part or all of a goal contained in this subcontracting plan.

f. For all competitive subcontracts over the simplified acquisition threshold in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, each unsuccessful small business subcontractor will be informed in writing of the name and location of the apparent successful offeror prior to award of the contract.

This subcontracting plan was submitted by:

(Must be a company official with authority to contractually obligate the company.)

Signed: ___________________________________

Date: ___________________________________

Typed Name: ___________________________________

Title: ___________________________________

Phone Number: ___________________________________

Sample Small Business Subcontracting Plan for IFBs – Page 7

Contract Specialist Review:

Typed Name: ___________________________________

Signed: _________________________________ Date Reviewed: ________________

Contract Specialist

Agency Small Business Review:

Signed: ___________________________________ Date Reviewed: ________________

Deputy for Small Business

U. S. Small Business Administration1

Signed: ___________________________________ Date Reviewed: ________________

Procurement Center Representative

Small Business Administration

Contracting Officer Approval:

Signed: _________________________________ Date Approved: ________________

Contracting Officer

1 By statute, SBA does not approve or disapprove a subcontracting plan; rather, SBA’s comments are advisory, and the contracting officer approves or disapproves the plan.

Section 00 21 13 – Page 1

Section 00 21 13 - Instructions to Bidders

PROVISIONS INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality

Agreements or Statements--Representation

JAN 2017

52.204-7 System for Award Management OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.214-3 Amendments To Invitations For Bids DEC 2016

52.214-4 False Statements In Bids APR 1984

52.214-5 Submission Of Bids DEC 2016

52.214-6 Explanation To Prospective Bidders APR 1984

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

52.214-18 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

52.222-38 Compliance With Veterans' Employment Reporting Requirements FEB 2016

52.232-13 No20tice Of Progress Payments APR 1984

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

PROVISIONS INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA

Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Section 00 21 13 – Page 2

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed-Price construction contract resulting from this solicitation.

52.219-2 EQUAL LOW BIDS. (OCT 1995)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus area as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

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

2014)

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

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

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

Officer.

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

Section 00 21 13 – Page 3

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

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 --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

Section 00 21 13 – Page 4

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Honolulu, Hawaii.

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act-- Construction Materials Under

Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the

Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph

(b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

Section 00 21 13 – Page 5

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

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

(End of provision)

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

U.S. Army Corps of Engineers, Honolulu District

ATTN: Contracting Officer, Directorate of Contracting, CEPOH-CTB

Building 230

Fort Shafter, HI 96858-5440

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

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

February 25, 2020 at 9:00 a.m., Hawaii Standard Time

(c) Participants will meet at--

Barbers Point Harbor, Pier 1, Kalaeloa, Oahu, Hawaii

Section 00 21 13 – Page 6

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):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV

2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to

Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal

Acquisition Regulation 3.104-2.

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(OCT 2016)

Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered

Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by

National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled

Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of— https://www.acquisition.gov/browse/index/far http://dx.doi.org/10.6028/NIST.SP.800-171

Section 00 21 13 – Page 7

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the

Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications.

(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.

Section 00 45 00 – Page 1

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-17 Ownership or Control of Offeror JUL 2016

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

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran-- Representation and Certifications.

AUG 2018

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision…