W912DW19B0011-Squalicum_Dredging_(Final).pdf

IFB No. W912DW19B0011

Seattle District

Squalicum Waterway Maintenance Dredging, Bellingham, WA

Construction Solicitation and Specifications

August 2019

DB-SP JOB# 19016

Furnish all labor, materials, and equipment to perform all w ork for Squalicum/Bellingham Maintenance Dredging in accordance w ith the attached contract provisions, clauses, and technical specif ications.

NOTE: Item#8 above (Address Offer To") is revised as follow s:

Address bid to:

HAND DELIVERY/FEDEX/UPS or other commercial carrier:

U.S. Army Corps of Engineers, Seattle District Gregory Cook-Contract Specialist Building 1202

CENWS-CTC

4735 E. Marginal Way S Seattle, WA 98134-2388

MAIL:

U.S. Army Corps of Engineers, Seattle District Attn: Gregory Cook- Contract Specialist

CENWS-CTC

PO Box 3755 Seattle, WA 98124-3755

X

GREGORY COOK 206 764-6692

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

22-Aug-2019

(RFP)

(IFB)

CALL:

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

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 _______14 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is 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 __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________23 Sep 2019 (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 of fers 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

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW

PAGE OF PAGES

1 OF

CODE W912DW

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

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

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

206-764-6817FAX:TEL: TEL: FAX:

W912DW19B0011 63

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

W912DW19B0011

Section 00 00 00 - Procurement and Contracting Requirements

INSTRUCTIONS

TABLE OF

CONTENTS

CAUTION TO BIDDERS

SECTION TITLE

SF1442

00 21 00

Solicitation, Offer, and Award

Instructions 00 45 00 Representations and Certifications

00 72 00 Contract Clauses

00 73 00 Davis-Bacon General Wage Decision No. WA80

00 00 00 Technical Specifications: 00 11 00 thru 35 20 23-C

RETURN THE FOLLOWING WITH YOUR BID:

SF1442 - Solicitation, Offer, and Award

20% Bid Bond -- Bid Bonds (SF24) must be accompanied by a Power of Attorney containing an original signature from the surety, which must be affixed to the Power of Attorney after the Power of Attorney has been generated. Computer generated and signed Powers of Attorney will only be accepted if accompanied by an original certification from a current officer of the surety attesting to its authenticity and continuing validity.

Current SF24 forms are available at the following website: http://www.gsa.gov/portal/forms/type/TOP.

Unless specified, the following information does not need to be submitted with your bid, BUT it is required to be completed before the contract can be awarded:

Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled System for Award Management (SAM) and that all information required is current and up to date. https://www.sam.gov/portal/public/SAM/

! ! ! C A U T I O N TO B I D D E R S ! ! !

1. TELEPHONES: There are no public telephones at the Seattle District Corps of Engineers.

2. BUSINESS HOURS: For the Seattle District Corps of Engineers are from 7:30 A.M. to 4:00 P.M., Monday through Friday.

BEFORE SIGNING AND MAILING THIS OFFER, PLEASE TAKE NOTE OF THE FOLLOWING, AS FAILURE TO

PERFORM ANY ONE OF THESE ACTIONS MAY CAUSE YOUR OFFER TO BE REJECTED

3. AMENDMENTS: Have you acknowledged receipt of ALL amendments? If in doubt as to the number of amendments issued, please contact the representative listed on the Information Page.

4. AMENDED SECTIONS: If any of the amendments furnished amended sections, the amended sections must be used in submitting your offer.

5. MISTAKE IN OFFER: Have you reviewed your offer price for possible errors in calculation or work left out?

6. OFFER ACCEPTANCE PERIOD: The minimum offer acceptance period is specified in block 13D of SF1442, Solicitation, Offer and Award. Please ensure that you allow at least the stated number of calendar days for the Government to accept your offer.

7. SYSTEM FOR AWARD MANAGEMENT: Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled System for Award Management (SAM) and that all information required is current and up to date. https://www.sam.gov/portal/public/SAM/

8. Far 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) (b) The Contractor is asked to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

9. ATTENTION: Due to heightened security, the method of Hand Delivery has changed and takes longer than the previous method of arriving at the Federal Center South building lobby to deliver your bid.

Please allow sufficient time to allow for heightened security at Government installations and to get to Building #1202. Allow time to park, pass through a metal detector, sign in, and receive a building pass at the Federal Center South Building. From there, you will be directed to the USACE Oxbow Building (#1202) which sits behind the Federal Center South Building. Allow additional time.

Report to the Security Desk in the lobby of the USACE Oxbow Building (#1202) and you will be directed to the bid opening room. This room will be available 30 minutes prior to the bid opening.

If you do not wish to be present when bids are opened and would like to drop off your bid, contact the following persons upon reporting to the Security Desk: Sonia Frees, Procurement Technician, at 206-764-3516, or the Contracting Specialist Gregory A.

Cook at 206-764-6692. A Contracting representative will come down and accept your bid.

A bid is not received by the Government until it is in the physical possession of a representative of the Contracting office. Security guards and other non-contracting personnel are NOT authorized to accept proposals on behalf of the Government. Note that official receipt of a proposal shall be in accordance with FAR 52.215-1.

Note: If delivery is by any means other than Hand Delivery, please check prior to the due date and time to ensure that your bid has arrived on time.

Hand-delivery / Fed-Ex / UPS or other commercial carrier:

U.S. Army Corps of Engineers, Seattle District Attn: Gregory Cook - Contract Specialist Building

CENWS-CTC

4735 E. Marginal Way S Seattle, WA 98134-2388

Mail:

U.S. Army Corps of Engineers, Seattle District Attn: Gregory Cook – Contract Specialist

CENWS-CTC

PO Box 3755 Seattle, WA 98124-3755

NOTE: Commercial carriers “WILL NOT” deliver proposals to P.O. Boxes.

10. BID EXPENSES AND PRE-CONTRACT COSTS

This Invitation for Bid (IFB) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a bid.

11. ACCURACY IN BIDS

Bids must set forth full, accurate, and complete information as required by this IFB, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

12. BASIS OF AWARD

Per FAR 14.408-1(a)(3), award will be made to the responsible bidder whose bid, conforming to the invitation, will be most advantageous to the Government, considering only price and the price-related factors included in the invitation. Award shall not be made until all required approvals have been obtained and the award otherwise conforms with FAR 14.103-2.

THIS PROCUREMENT IS:

100% Total Small Business Set Aside

SITE VISIT:

BIDDING DOCUMENTS: Register for solicitations at the Internet site: http://www.fedbizopps.gov/

FOR INQUIRIES AND ADMINISTRATIVE MATTERS: Contact the following individual Monday through Friday between the hours of 7:00 a.m. and 2:30 p.m.:

Gregory Cook, 206-764-6692, Gregory.a.cook@usace.army.mil Sonia Frees, 206-764-3516, Sonia.m.frees@usace.army.mil

Hand-delivery / Fed-Ex / UPS or other commercial carrier:

U.S. Army Corps of Engineers, Seattle District Attn: Gregory Cook - Contract Specialist Building 1202

CENWS-CTC

4735 E. Marginal Way S Seattle, WA 98134-2388

Mail:

U.S. Army Corps of Engineers, Seattle District Attn: Gregory Cook – Contract Specialist

CENWS-CTC

PO Box 3755 Seattle, WA 98124-3755

TECHNICAL QUESTIONS:

All inquiries regarding this solicitation are to be submitted via ProjNet-Bidsm. Telephone and email inquiries will not be accepted. ProjNet-Bidsm is a web-based program that allows bidders to post questions regarding the solicitation and to view all questions by other bidders and answers by USACE. ProjNet-Bidsm can be accessed through ProjNetsm at https://www.projnet.org To access the ProjNet-Bidsm website the first time:

1. Click the Bid tab

2. Click Bidder Inquiry. (The Agency is USACE.)

3. Enter the following information for access:

a. The Bidder Inquiry Key: ARC8R7-97UX5M

b. Valid business contact information (e.g. Company name, contact person, business address, phone number and email address). (required on first project only)

c. Establish Secret Question and Answer which will be used as a password (required on first project only)

BIDDERS ARE URGED and expected to inspect the site where construction is to be performed and to satisfy themselves as to all general and local conditions which may affect the cost of performance of the contract, to the extent, such information is reasonably obtainable. In no event, will a failure to inspect the site constitute grounds for withdrawal of a bid after opening or for a claim after award of the contract.

4. For subsequent access use your email address, the Bid Inquiry Key and response to the Secret Question to access the ProjNet-Bidsm Module.

5. Submitting technical questions: When an answer is posted to a question, the question and answer is then available for all other bidders to review.

For questions about the ProjNet-Bidsm, please contact the Call Center help desk toll free at 1-800-428- HELP (4357), which operates from 8AM to 5PM (Central US time zone).

No response will be posted to inquiries after the Close of Business on the third business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses in ProjNet-Bidsm prior to bid submission. Nothing in the solicitation is changed unless an amendment is sent out.

IF THE CONTRACTOR IS A CORPORATION OR PARTNERSHIP, THE APPLICABLE

PORTION OF THE FORM LISTED BELOW MUST BE COMPLETED. IN THE

ALTERNATIVE, OTHER EVIDENCE MUST BE SUBMITTED TO SUBSTANTIATE THE

AUTHORITY OF THE PERSON SIGNING THE CONTRACT. IF A CORPORATION, THE

SAME OFFICER SHALL NOT EXECUTE BOTH THE CONTRACT AND THE

CERTIFICATE.

CORPORATE CERTIFICATE

I, , certify that I am the

Secretary of the Corporation named as Contractor herein; that

, who signed this contract on behalf of the Contractor was then of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

(CORPORATE

(Secretary) SEAL)

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the contract has authority actually to bind the partnership pursuant to its partnership agreements. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership with the United States of America, except as follows: (state "none" or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Names and

Signatures of all Partners)

NAME SIGNATURE

This Page Intentionally Left Blank.

FY19 Squalicum Waterway Maintenance Dredging, 19016 Bellingham, Washington

W912DW19B0011 00 11 00-1

CONTRACT LINE ITEM SCHEDULE (CLIN)

ITEM

NO. ITEM DESCRIPTION

ESTIMATED

QTY (Note 1) UNIT UNIT PRICE

MAXIMUM

NUMBER OF

POTENTIAL

EXERCISE

OF OPTION AMOUNT

BASE ITEMS

1100 1200 1 JOB $___________ N/A $___________

1200 Dredge Squalicum Waterway and Turning Basin (Sta. 0+00 to 33+00) 208,000 C.Y. $___________ N/A $___________

(Note 2)

Cost to transport dredged material to the Bellingham Disposal Water Site (Sta. 0+00 to 33+00)

208,000 C.Y $___________ N/A $___________

(Note 2)

Incremental cost to transport and dispose dredged material at Rosario Strait Disposal Site instead of Bellingham Disposal Site (Sta. 0+00 to 33+00)

208,000 C.Y. $___________ N/A $___________

1500 Dredge Squalicum Waterway (Sta. 33+00 to 34+73) 4,000 C.Y. $___________ N/A $___________

(Note 2)

Cost to transport dredged material to the Bellingham Disposal Water Site (Sta. 33+00 to 34+73)

4,000 C.Y $___________ N/A $___________

(Note 2)

Incremental cost to transport and dispose dredged material at Port Gardner Disposal Site instead of Bellingham Disposal Site (Sta. 33+00 to 34+73)

4,000 C.Y $___________ N/A $___________

1800 Water Quality Monitoring 5 DAY $___________ N/A $___________

TOTAL BASE ITEMS $________________________

OPTION ITEMS

1900 Additional Dredge Squalicum Waterway and Turning Basin (Sta. 0+00 to 33+00) 11,000 C.Y. $___________ N/A $___________

(Note3)

Additional Dredge Squalicum Waterway and Turning Basin (Sta. 0+00 to 33+00) 6,000 C.Y. $___________ 4 $___________

W912DW19B0011 00 11 00-2

ITEM

NO. ITEM DESCRIPTION

ESTIMATED

QTY (Note 1) UNIT UNIT PRICE

MAXIMUM

NUMBER OF

POTENTIAL

EXERCISE

OF OPTION AMOUNT

OPTION ITEMS Continued

(Note 2)

Cost to transport additional dredged material to the Bellingham Disposal Water Site (Sta. 0+00 to 33+00)

11,000 C.Y. $___________ N/A $___________

(Note 2) (Note 4)

Cost to transport additional dredged material to the Bellingham Disposal Water Site (Sta. 0+00 to 33+00)

6,000 C.Y $___________ 4 $___________

(Note 2)

Incremental cost to transport and dispose additional dredged material at Rosario Strait Disposal Site instead of Bellingham Disposal Site (Sta. 0+00 to 33+00)

11,000 C.Y $___________ N/A $___________

(Note 2) (Note 5)

Incremental cost to transport and dispose additional dredged material at Rosario Strait Disposal Site instead of Bellingham Disposal Site (Sta. 0+00 to 33+00)

6,000 C.Y $___________ 4 $___________

(Note 6)

Additional Dredge Squalicum Waterway (Sta. 33+00 to 34+73) 500 C.Y. $___________ 8 $___________

(Note 2) (Note 7)

Cost to transport additional dredged material to the Bellingham Disposal Water Site (Sta. 33+00 to 34+73)

500 C.Y $___________ 8 $___________

(Note 2) (Note 8)

Incremental cost to transport and dispose additional dredged material at Port Gardner Disposal Site instead of Bellingham Disposal Site (Sta. 33+00 to 34+73)

500 C.Y $___________ 8 $___________

(Note 9) Additional Water Quality Monitoring 1 DAY $___________ 60 $___________

TOTAL OPTION ITEMS $________________________

TOTAL BASE AND OPTION ITEMS $________________________

W912DW19B0011 00 11 00-3

NOTES FOR CONTRACT LINE ITEM (CLIN) SCHEDULE

NOTE 1. Quantities are ESTIMATED except where shown as “JOB.”

NOTE 2: No dredged material will be disposed at the Bellingham Bay Open Water Disposal Site – all disposal will take place at either the Rosario or Port Gardner Open Water Disposal Sites.

NOTE 3: Option Item 2000 may be exercised up to 4 times (not to exceed 24,000 cy option total).

NOTE 4: Option Item 2200 may be exercised up to 4 times (not to exceed 24,000 cy option total).

NOTE 5: Option Item 2400 may be exercised up to 4 times (not to exceed 24,000 cy option total).

NOTE 6: Option Item 2500 may be exercised up to 8 times (not to exceed 4,000 cy option total).

NOTE 7: Option Item 2600 may be exercised up to 8 times (not to exceed 4,000 cy option total).

NOTE 8: Option Item 2700 may be exercised up to 8 times (not to exceed 4,000 cy option total).

NOTE 9: Option Item 2800 may be exercised up to 60 times (not to exceed 60 day option total).

Bids shall not be submitted for quantities less than those specified for each line item. Bidders shall bid on all line items of the Schedule. Failure to include pricing for all quantities of all line items will result in rejection of the bid as non-responsive. Prices are on a unit basis.

The contract price will be evaluated based on the total price of all options exercised the maximum number of times, added to the total price of the base items.

DEFINITIONS FOR CONTRACT LINE ITEM (CLIN) SCHEDULE

C.Y. = cubic yards

-- END OF SECTION –

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1100 1 Job Mobilization and Demobilization

FOB: Destination

FFP

NET AMT

1200 208,000 Cubic

Yard

Dredging Dredge Squalicum Waterway and Turning Basin (Sta. 0+00 to 33+00)

1300 208,000 Cubic

Transportation/Disposal Cost to transport dredged material to the Bellingham Disposal Water Site (Sta. 0+00 to 33+00)

NOTE 2: No dredged material will be disposed at the Bellingham Bay Open Water Disposal Site – all disposal will take place at either the Rosario or Port Gardner Open Water Disposal Sites.

1400 208,000 Cubic

Incremental cost to transport and dispose dredged material at Rosario Strait Disposal Site instead of Bellingham Disposal Site (Sta. 0+00 to 33+00).

NOTE 2: No dredged material will be disposed at the Bellingham Bay Open Water Disposal Site – all disposal will take place at either the Rosario or Port Gardner Open Water Disposal Sites.

1500 4,000 Cubic

Dredging Dredge Squalicum Waterway (Sta. 33+00 to 34+73)

1600 4,000 Cubic

Cost to transport dredged material to the Bellingham Disposal Water Site (Sta. 33+00 to 34+73).

NOTE 2: No dredged material will be disposed at the Bellingham Bay Open Water Disposal Site – all disposal will take place at either the Rosario or Port Gardner Open Water Disposal Sites.

1700 4,000 Cubic

Incremental Cost Incremental cost to transport and dispose dredged material at Port Gardner Disposal Site instead of Bellingham Disposal Site (Sta. 33+00 to 34+73).

NOTE 2: No dredged material will be disposed at the Bellingham Bay Open Water Disposal Site – all disposal will take place at either the Rosario or Port Gardner Open Water Disposal Sites.

1800 5 Days Water Quality Monitoring

1900 11,000 Cubic

OPTION Additional Dredging Additional Dredge Squalicum Waterway and Turning Basin (Sta. 0+00 to 33+00)

2000 6,000 Cubic

OPTION Additional Dredging Additional Dredge Squalicum Waterway and Turning Basin (Sta. 0+00 to 33+00).

NOTE 3: Option Item 2000 may be exercised up to 4 times (not to exceed 24,000 cy option total).

2100 11,000 Cubic

OPTION Transportation Cost to transport additional dredged material to the Bellingham Disposal Water Site (Sta. 0+00 to 33+00).

NOTE 2: No dredged material will be disposed at the Bellingham Bay Open Water Disposal Site – all disposal will take place at either the Rosario or Port Gardner Open Water Disposal Sites.

2200 6,000 Cubic

OPTION Transportation

Site (Sta. 0+00 to 33+00).

NOTE 2: No dredged material will be disposed at the Bellingham Bay Open Water Disposal Site – all disposal will take place at either the Rosario or Port Gardner Open Water Disposal Sites.

NOTE 4: Option Item 2200 may be exercised up to 4 times (not to exceed 24,000 cy option total).

2300 11,000 Cubic

OPTION Incremental Cost- Transport/Disposal Incremental cost to transport and dispose additional dredged material at Rosario Strait Disposal Site instead of Bellingham Disposal Site (Sta. 0+00 to 33+00).

NOTE 2: No dredged material will be disposed at the Bellingham Bay Open Water Disposal Site – all disposal will take place at either the Rosario or Port Gardner Open Water Disposal Sites

2400 6,000 Cubic

Incremental cost to transport and dispose additional dredged material at Rosario Strait Disposal Site instead of Bellingham Disposal Site (Sta. 0+00 to 33+00).

NOTE 2: No dredged material will be disposed at the Bellingham Bay Open Water Disposal Site – all disposal will take place at either the Rosario or Port Gardner Open Water Disposal Sites.

NOTE 5: Option Item 2400 may be exercised up to 4 times (not to exceed 24,000 cy option total).

2500 500 Cubic

OPTION Additional Dredge Squalicum Waterway Additional Dredge Squalicum Waterway (Sta. 33+00 to 34+73).

NOTE 6: Option Item 2500 may be exercised up to 8 times (not to exceed 4,000 cy option total).

2600 500 Cubic

OPTION Additional Transportation

Site (Sta. 33+00 to 34+73)

NOTE 2: No dredged material will be disposed at the Bellingham Bay Open Water Disposal Site – all disposal will take place at either the Rosario or Port Gardner Open Water Disposal Sites.

NOTE 7: Option Item 2600 may be exercised up to 8 times (not to exceed 4,000 cy option total).

2700 500 Cubic

Incremental cost to transport and dispose additional dredged material at Port Gardner Disposal Site instead of Bellingham Disposal Site (Sta. 33+00 to 34+73).

NOTE 2: No dredged material will be disposed at the Bellingham Bay Open Water Disposal Site – all disposal will take place at either the Rosario or Port Gardner Open Water Disposal Sites.

NOTE 8: Option Item 2700 may be exercised up to 8 times (not to exceed 4,000 cy option total).

2800 1 Days OPTION Additional Water Quality Monitoring

NOTE 9: Option Item 2800 may be exercised up to 60 times (not to exceed 60 day option total).

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

1100 POP 16-OCT-2019 TO

14-FEB-2020

N/A US ARMY CORPS OF ENGINEERS

MAIL ROOM

SEATTLE DISTRICT

PO BOX 3755

SEATTLE WA 98124-3755

206-764-3799

960506

1200 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1300 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1400 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1500 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1600 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1700 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1800 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1900 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2000 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2100 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2200 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2300 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2400 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2500 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2600 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2700 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2800 POP 16-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions

MAGNITUDE OF CONSTRUCTION

The magnitude of construction is estimated between $1 million and $5 million.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 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

52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

6.1% 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;

(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 State of Washington, Whatcom County, City of Bellingham.

(End of provision)

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.

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

Attn: Contracting Officer 4735 East Marginal Way South Bldg 1202 Seattle, WA 98134-2388

(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):

FAR- https://www.acquisition.gov/

DFARS- https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

If applicable, the solicitation will be altered by amendment.

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

INDEX OF DRAWINGS

FY19 Bellingham Dredging Bellingham, Washington, Drawing File No. E-9-7-85

Condition survey drawings are based on the latest post-dredge and condition surveys available and are provided show conditions on the dates shown. These drawings are furnished for information only and the Government does not warrant that conditions will be exactly as shown. Minor deviations can be anticipated and shall not be the basis for a claim for extra compensation. Drawings showing condition surveys and cross section sheets are furnished for information only.

SHEET

NUMBER

PLATE

NUMBER

TITLE

1 of 5 G-1 TITLE, VICINITY MAP, AND DRAWING INDEX

2 of 5 G-2 GENERAL PLAN

3 of 5 G-3 DISPOSAL SITE LOCATION DETAIL 4 of 5 O-1 SQUALICUM WATERWAY DETAIL, STA.0+00 TO STA. 34+73

5 of 5 V-1

GENERAL PLAN FOR REPRESENTATIVE CONDITION

SURVEYS

REFERENCE DRAWINGS

Drawing File No. E-9-7-84 Bellingham Channel

Reference drawings provided show conditions at time of construction or as specified. These drawings are furnished for information only and the Government does not warrant that conditions will be exactly as shown. Minor deviations can be anticipated and shall not be the basis for a claim for extra compensation.

DRAWING FILE NO. SHEET NUMBER

BH_01_SCW_20180717_CS_E_9_7_84 1 of 2 BH_01_SCW_20180717_CS_E_9_7_84 2 of 2

--End of Section

(End of clause)

Section 00 45 00 - Representations and Certifications

PREAWARD INFORMATION

SUBMIT THE FOLLOWING INFORMATION WITH YOUR BID

NOTICE TO BIDDERS REGARDING PRE-AWARD INFORMATION

1. Company Name and Address:

2. Point of Contact Name:

Email address:

Telephone Number: Fax Number:

3. Electronic Transfer Payments will now be required for all new contracts. Do you currently receive

Electronic Transfer Payments from this agency? (agency codes 00005524/00006482) Yes No

4. Name of Bank and Branch:

Personal Banker:

Email address:

Telephone Number: Fax Number:

5. Name of Bonding Agent Company:

Agents Name:

Telephone Number: Fax Number:

6. Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled System for Award Management (SAM) and that all information required is current and up to date.

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

Ensure that your company’s information is updated for the following areas:

CORE DATA: Ensure that your business types are correctly filled in:

What is your business type?

(Examples of Business types: Small Business (SB), Small Disadvantaged Business (SDB), Woman- Owned Small Business (WOSB), Historically Underutilized Business Zone (HUBZone), Veteran-Owned Small Business (VOSB), Service-Disabled Veteran-Owned Small Business (SDVOSB), and SBA 8(a)).

DUNS Number:

CAGE Code:

TAX ID:

REPS & CERTS: Ensure that you have certified the FAR and DFARs provisions (clauses) listed on the Reps & Certs pages.

CORE DATA – Business Types updated: Yes Date:

REPS & CERTS – Certified Yes Date:

7. Please provide the following information; it will not be used to evaluate or rank bids. It will be used solely as a reference check for our internal files. List no more than three projects that are substantially complete or have been completed within the last ten years that are similar to this project. Projects should be listed in the following order: Federal projects, state projects, city/county projects, and then commercial projects. Use the following format:

a) Title & Location of Project:

Agency/Company:

Point of Contact (Name &Title):

Telephone Number: Award Amount: $ Yr of Completion:

b) Title & Location of Project:

Point of Contact (Name &Title):

c) Title & Location of Project:

Point of Contact (Name &Title):

8. List all outstanding uncompleted projects, in the following format:

a) Title of Project:

Award Amount: $ Est. Completion Date:

b) Title of Project:

Agency/Company:

Award Amount: $ Est. Completion Date:

c) Title of Project:

Award Amount: $ Est. Completion Date:

CLAUSES INCORPORATED BY REFERENCE

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification.

JUN 2018

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

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

(2) The small business size standard is $30,000,000.

(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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), 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.

(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) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 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.

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

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

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 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.

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

(xi) 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.

(xii) 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.

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

(xiv) 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.

(xv) 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.

(xvi) 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.

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

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

(xx) 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 $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

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

(xxiii) 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.

(xxiv) 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 representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM 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.

52.204-17 OWNERSHIP OR CONTROL 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.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner.