A22_Solicitation_W912EE-17-B-0004.pdf

SOLICITATION NO. W912EE-17-B-0004

DATE: 31 May 2017

SPECIFICATIONS

FOR

LEASE OF ONE CUTTERHEAD, HYDRAULIC PIPELINE

DREDGE (NOT LESS THAN 22-INCH DIAMETER),

FULLY OPERATED WITH ATTENDANT PLANT AND

PERSONNEL, WITH A DRAFT NOT TO EXCEED 9 FEET,

FOR CONSTRUCTION AND MAINTENANCE DREDGING

WITHIN THE VICKSBURG DISTRICT, OTHER

DISTRICTS WITHIN THE MISSISSIPPI VALLEY

DIVISION, OR DISTRICTS ADJACENT TO THE

VICKSBURG DISTRICT.

THIS PROCUREMENT IS UNRESTRICTED.

♦Building Strong® ♦Serving the Army ♦Serving the Nation

VICKSBURG DISTRICT

4155 CLAY STREET

VICKSBURG, MS 39183-3435 CEMVK-EC-TC

INQUIRIES

REGARDING THIS SOLICITATION SHOULD

BE MADE TO THE FOLLOWING:

http://www.projnet.org/projnet

Plans and specifications will be available on the Federal Business Opportunities (FBO) Web Page at: http://www.fedbizopps.gov/ http://www.fedbizopps.gov/

X

W807PM70379122

LEASE OF ONE CUTTERHEAD, HYDRAULIC PIPELINE DREDGE (NOT LESS THAN 22-INCH DIAMETER) FULLY OPERATED WITH ATTENDANT PLANT AND PERSONNEL WITH A DRAFT NOT TO EXCEED 9 FEET

FOR CONSTRUCTION AND MAINTENANCE DREDGING WITHIN THE VICKSBURG DISTRICT, OTHER

DISTRICTS WITHIN THE MISSISSIPPI VALLEY DIVISION, OR DISTRICTS ADJACENT TO THE VICKSBURG

DISTRICT

DESCRIPTION OF WORK: The work consists of furnishing, delivering and operating one (1) cutterhead, hydraulic pipeline dredge (not less than 22-inch diameter), fully operated with attendant plant and personnel with a draft not to exceed 9 feet for construction and maintenance dredging within the Vicksburg District, other districts within the Mississippi Valley Division, or Districts adjacent to the Vicksburg District.

The estimated value of the proposed work is between $1,000,000 and $5,000,000.

DUSTIN G. CANNADA (601)631-7546

NOTE: In this request for proposal, "bid" and "bidder" mean "offer" and "offeror".

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

NEGOTIATED

31 May 2017

(RFP)

(IFB)

CALL:

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

SEE SPECIAL NOTICES TO BIDDERS

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 within 14 calendar days and complete it within (365 calendar days after receiving award, X Notice to proceed. This performance period is X mandatory, negotiable. ( See Section 00 80 00.00 09

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 to perform the work required are due at the place specified in Item 8 at a date to be determined by amendment.

. 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 is required.

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

D. Offers providing less than _______ 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

VICKSBURG CONTRACTING OFC

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE

PAGE

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

Sealed envelopes containing offers

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

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

(601)631-7261 FAX: TEL: TEL: FAX:

W912EE-17-B-0004

x

20B. SIGNATURE

(REV. 4-85) STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) Page 2 (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ 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:

SEE SCHEDULE

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)

CODE 27. PAYMENT WILL BE MADE BY: 964145

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

26. ADMINISTERED BY

VICKSBURG CONTRACTING OFFICE

4155 CLAY STREET

VICKSBURG, MS 39183-3435

(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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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

(Must be fully completed by offeror) OFFER

Section 00010 - Solicitation Contract Form

LEASE OF ONE CUTTERHEAD, HYDRAULIC PIPELINE DREDGE (NOT LESS THAN 22-INCH DIAMETER) FULLY OPERATED WITH ATTENDANT PLANT AND PERSONNEL WITH A DRAFT NOT TO EXCEED 9 FEET

FOR CONSTRUCTION AND MAINTENANCE DREDGING WITHIN THE VICKSBURG DISTRICT, OTHER

DISTRICTS WITHIN THE MISSISSIPPI VALLEY DIVISION, OR DISTRICTS ADJACENT TO THE VICKSBURG

DISTRICT

The work to be performed by this contract will be in the Mississippi River Harbors within the Vicksburg District, but in accordance with paragraph 1.3.2 “Other Locations” in Section 35 20 23.00 09 DREDGING, of the contract, there is also the possibility of being required to be moved to other locations in the Vicksburg District, other Districts adjacent to the Vicksburg District, or other Districts within the Mississippi Valley Division.

ITEM

NO. SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

LEASE OF ONE CUTTERHEAD,

HYDRAULIC

PIPELINE DREDGE (NOT LESS THAN 22-

INCH DIAMETER, WITH ATTENDANT

PLANT, AND WITH A DRAFT NOT TO

EXCEED 9 FEET

0001AA FIRST 779 HOURS 779 HR $ $

0001AB OVER 779 HOURS 779 HR $ $

LEASE OF ONE CUTTERHEAD,

HYDRAULIC PIPELINE DREDGE (NOT

LESS THAN 22-INCH DIAMETER, WITH

ATTENDANT PLANT, AND WITH A DRAFT

NOT TO EXCEED 9 FEET, AND WITH

TRAVELING SPUD CARRIAGE

0002AA FIRST 677 HOURS 677 HR $ $

0002AB OVER 677 HOURS 677 HR $ $

0003 LEASE OF ONE CUTTERHEAD,

HYDRAULIC PIPELINE DREDGE (NOT

LESS THAN 22-INCH DIAMETER, WITH

ATTENDANT PLANT, AND WITH A DRAFT

NOT TO EXCEED 9FEET, AND WITH

TRAVELING SPUD CARRIAGE, PLUS

UNDERWATER PUMP OVER 700

HORSEPOWER

ITEM

NO. SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

0003AA FIRST 623 HOURS 623 HR $ $

0003AB OVER 623 HOURS 623 HR $ $

LEASE OF ONE CUTTERHEAD,

HYDRAULIC PIPELINE DREDGE (NOT

LESS THAN 24-INCH DIAMETER, WITH

ATTENDANT PLANT, AND WITH A DRAFT

NOT TO EXCEED 9 FEET

0004AA FIRST 646 HOURS 646 HR $ $

0004AB OVER 646 HOURS 646 HR $ $

LEASE OF ONE CUTTERHEAD,

HYDRAULIC PIPELINE DREDGE (NOT

LESS THAN 24-INCH DIAMETER, WITH

ATTENDANT PLANT, AND WITH A DRAFT

NOT TO EXCEED 9 FEET, AND WITH

TRAVELING SPUD CARRIAGE

0005AA FIRST 562 HOURS 562 HR $ $

0005AB OVER 562 HOURS 562 HR $ $

LEASE OF ONE CUTTERHEAD,

HYDRAULIC PIPELINE DREDGE (NOT

LESS THAN 24-INCH DIAMETER, WITH

ATTENDANT PLANT, AND WITH A DRAFT

NOT TO EXCEED 9 FEET, AND WITH

TRAVELING SPUD CARRIAGE, PLUS

UNDERWATER PUMP OVER 750

HORSEPOWER

0006AA FIRST HOURS 516 HR $ $

0006AB OVER 516 HOURS 516 HR $ $

LEASE OF ONE CUTTERHEAD,

HYDRAULIC PIPELINE DREDGE (NOT

LESS THAN 27-INCH DIAMETER, WITH

ATTENDANT PLANT, AND WITH A DRAFT

NOT TO EXCEED 9 FEET

0007AA FIRST 510 HOURS 510 HR $ $

0007AB OVER 510 HOURS 510 HR $ $

ITEM

NO. SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

LEASE OF ONE CUTTERHEAD,

HYDRAULIC PIPELINE DREDGE (NOT

LESS THAN 27-INCH DIAMETER, WITH

ATTENDANT PLANT, AND WITH A DRAFT

NOT TO EXCEED 9 FEET, AND WITH

TRAVELING

SPUD CARRIAGE

0008AA FIRST 444 HOURS 444 HR $

0008AB OVER 444 HOURS 444 HR $

0009 MOBILIZATION 1 JOB FOR $

0010 DEMOBILIZATION 1 JOB FOR $

0011 REMOBILIZATION 1 EA $ $

0012 TOWING SERVICE UPSTREAM 300 MI $ $

0013 TOWING SERVICE DOWNSTREAM 300 MI $ $

0014 SHORELINE 3,000 LF $ $

TOTAL $

NOTES

(a) FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS ACQUISITION. NO

CONTRACT AWARD WILL BE MADE UNTIL APPROPRIATE FUNDS ARE MADE

AVAILABLE IN ACCORDANCE WITH AFARS 5101.602-2.

(b) THIS PROCUREMENT IS UNRESTRICTED.

(c) All technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. See Section 00100 Entitled “TECHNICAL INQUIRIES

AND QUESTIONS”.

(d) Bidders shall furnish unit prices for all items listed on the schedule of bid items which require unit prices. If the bidder fails to insert a unit price in the appropriate blank for required items, but does furnish an extended total or an estimated amount for such items, the Government will deem his unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF

THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED ESTIMATED AMOUNT

FOR ANY ITEM, HIS BID WILL BE DECLARED NONRESPONSIVE.

(e) All quantities shown on the BIDDING SCHEDULE are estimated quantities except when the unit of measure is shown as "lump sum", "job" or "each".

(f) If a bid or modification to a bid based on unit price is submitted which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to the unit price in the schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to the unit price in the Bid Schedule.

(g) Item Nos. 0001, 0002, 0003, 0004, 0005, 0006, 0007 and 0008 have been subdivided into sub-items.

A bid for the work shall include a bid for each of these sub-items. Bidders should refer to Section 00 08

00.00 09 SPECIAL CONTRACT REQUIREMENTS, paragraph entitled “VARIATIONS IN ESTIMATED QUANTITIES—SUBDIVIDED ITEMS” before preparing their bids for these items.

(h) All extensions of the unit price shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid.

(i) Award will be made as a whole to the lowest responsive, responsible bidder as may be in the best interest of the Government.

(j) Lack of registration in the SAM database will make an offeror ineligible for award. SEE CONTRACT

CLAUSE 52.204-7 ENTITLED, "SYSTEM FOR AWARD MANAGEMENT".

(k)The SF1442, Bidding Schedule, Plant Characteristic Sheets, and Section 00600 (Representations and Certifications) must be accurately completed and returned with your bid or it may be rejected as nonresponsive.

(l) The contract will be 365 days from the date of award, unless it becomes necessary to terminate the contract earlier.

BIDDING SCHEDULE

PREAWARD INFORMATION/DESCRIPTION OF

WORK/BID EVALUATION

A. PREAWARD INFORMATION. Each bidder shall upon request of the Contracting Officer, furnish a statement of whether he is now or ever has been engaged in any work similar to that covered by the specifications herein, the dollar value thereof, the year in which such work was performed, and the manner of its execution, and giving such other information as will tend to show the bidder’s ability to prosecute the required work. This information will be used to determine bidder responsibility. It shall include but is not limited to the following:

1. The name and address of the office or firm under which similar work was performed.

2. A list of key personnel available for the instant project and their qualifications.

3. A copy of bidder’s latest financial statement, including the names of banks or other financial institutions with which the bidder conducts business. If the financial statement is more than 60 days old, a certificate should be attached stating that the financial condition is substantially the same, or if not the same, the changes that have taken place.

Such statement will be treated confidentially.

4. A list of present commitments, including the dollar value thereof, the name of office or firm for whom the work is being performed.

DESCRIPTION OF WORK. Lease of one Cutterhead, Hydraulic Pipeline Dredge (Not Less than 22-Inch Diameter) Fully Operated with Attendant Plant and Personnel with a Draft not to Exceed 9 Feet for Construction and Maintenance Dredging within the Vicksburg District, Other Districts within the Mississippi Valley Division, or Districts Adjacent to the Vicksburg District

1. The Contractor should take notice that if dredging is needed on an emergency basis in Districts adjacent to the Vicksburg District, such work is to be performed under this contract and its terms and conditions.

2. The dredge will be used primarily to make and enlarge dredge cuts, construct fills, and dredge various harbor channels and may also be required to remove old piling, or revetments. Currents generally vary from zero to seven feet per second but may exceed this velocity. The materials to be dredged may consist of sand, gravel, silt, mud, and clay. Stumps, roots, logs, riprap, and miscellaneous debris may be encountered. The dredge must be equipped with suitable pump impellers and cutters to efficiently handle these varying materials. Other channel work will be done as directed by the Contracting Officer.

3. The apparent low bidder will be required prior to award to present a drawing depicting ladder and cutterhead position at a cutting depth of 10 feet. This drawing is required to insure that the ladder will not drag when dredging in only 10 feet of water.

C. BID EVALUATION. It is the intent of the Government to secure a dredge meeting the requirements set forth in the technical specifications and having a pump discharge of not less than 22-inch diameter. Bids will be evaluated, and award will be made on the basis of employment of the plant that, in the opinion of the Contracting Officer, will result in the lowest overall cost to the Government for the equipment.

1. If the bid price and the description of the plant in the bid forms indicate that award may be made and lease entered into, the Contracting Officer, or his duly authorized representative will make an inspection of the plant specified in the bid forms for the lease at any point designated by the bidder to determine whether or not the plant is suitable and in satisfactory condition to perform the work. THE BIDDER SHALL

HAVE THE PLANT, AS BID, IN OPERABLE CONDITION, AVAILABLE FOR

THE INSPECTION AT ANY TIME DESIGNATED BY THE CONTRACTING

OFFICER AFTER THE OPENING OF THE BIDS. At this time the dredge shall be required to operate as intended as necessary for the economical performance of the work specified in the contract. The dredge may be required to pump water through not less than one thousand (1000) feet of floating line while swinging and rotating the cutterhead. During this demonstration the anchors shall be moved and spuds “walked” as though dredging. All attendant plant shall also operate in the intended and appropriate manner. The duration of the demonstration shall be not more than two hours for each piece of equipment and all items of plant may be operated simultaneously at the option of the Contracting Officer or his representative.

2. If it is found that the equipment is not, in the judgement of the Contracting Officer or his duly authorized representative, suitable for the purpose intended, or is not in sufficiently sound mechanical condition to accomplish the mission, it may not be accepted and the bidder may be rejected as nonresponsible. If the deficiencies are of a minor nature, the bidder shall be given seven (7) days to correct all deficiencies noted and reported to the bidder. If the deficiencies are not corrected within this period or the equipment is not ready for inspection within seven (7) days of bid opening, the bidder shall be rejected as nonresponsible. This inspection shall not relieve the bidder from the responsibility for the satisfactory operation of the equipment during the period of the contract or compliance with any applicable regulatory requirements.

3. Any additions or other alterations of a semi-permanent or temporary nature, made to any equipment for the purpose of changing its normal or regular dimensions or capacities in order to comply with these specifications will cause rejection of the bidder for nonresponsibility.

DREDGE AND ATTENDANT PLANT CHARACTERISTIC SHEETS

In compliance with the above dated Invitation for Bids, the Bidder hereby proposes to furnish, deliver and operate the following plant in strict accordance with the Contract Clauses, (Construction Contract), specifications, schedules, drawings, and conditions, for the amount(s) shown on the Bidding Schedule attached. One Cutterhead, Hydraulic Pipeline Dredge and Attendant Plant with the following characteristics:

Dredge Name or Number:

HULL:

Length, feet

Breadth, feet

Depth, feet

Draft under normal working conditions, feet

Minimum width of channel in which dredge can successfully operate, feet

Minimum depth of water in which dredge will operate, feet

Maximum draft of dredge, feet

Maximum current in which dredge can successfully operate, feet per second for 15-ft depth of water

Maximum current in which dredge can successfully operate, feet per second for 30-ft depth of water

Depth to which dredge will dig:

Maximum

Minimum Maximum width of cut dredge can make without exceeding 45 swing angle

LADDER:

Length, feet

Length ladder can be extended, feet

Normal r.p.m. of cutter

Brake H.P. of cutter

DREDGING PUMP:

Diameter suction, inches

Diameter discharge, inches

Maximum r.p.m. of impeller

Method of actuating impeller:

( ) Steam Engine ( ) Diesel Engine ( ) Electric Motor ( ) Other (check one)

Brake hp applied to pump impeller

UNDERWATER PUMP:

Diameter suction, inches

Diameter discharge, inches

Maximum r.p.m. of impeller

Method of actuating impeller:

( ) Diesel Engine ( ) Electric Motor ( ) Other (check one)

Brake hp applied to pump impeller

MAIN PUMP ENGINE

Make:

Model:

Type:

Size:

Age:

BHP:

RPM:

Estimated Amount of Fuel Consumed per Day

Two Tender #1 Tender #2 Tenders 300 H.P. 600 H.P.

Name

HULL

Length, feet

Molded Beam, feet

Draft, feet

When Built, year

PROP. ENGINES: Port Starboard Port Starboard

Make:

Model:

Serial No.:

Basic Brake HP:

INSPECTOR’S SKIFF:

Manufacturer:

Model:

Length:

Upright & Level Floatation installed by:

Outboard Motors: Motor 1 Motor 2

Manufacturer:

Horsepower:

THE PLANT WAS LAST OPERATED IN (month, year), AT (location).

THE PLANT MAY BE INSPECTED AT __________________________________(location).

THE PLANT OFFERED IS OWNED BY__________________________________.

Section 00100 - Bidding Schedule/Instructions to Bidders

SPECIAL NOTICES

1. INVITATION FOR BIDS (IFB) NO. W912EE-17-B-0004

FOR: LEASE OF ONE CUTTERHEAD, HYDRAULIC PIPELINE DREDGE (NOT

LESS THAN 22-INCH DIAMETER), FULLY OPERATED WITH ATTENDANT

PLANT AND PERSONNEL, WITH A DRAFT NOT TO EXCEED 9 FEET, FOR

CONSTRUCTION AND MAINTENANCE DREDGING WITHIN THE VICKSBURG

DISTRICT, OTHER DISTRICTS WITHIN THE MISSISSIPPI VALLEY

DIVISION, OR DISTRICTS ADJACENT TO THE VICKSBURG DISTRICT

TO OPEN: BID OPENING DATE AND TIME TO BE ESTABLISHED

BY AMENDMENT

BID OPENING MAY BE ATTENDED IN PERSON OR VIEWED ONLINE AT

http://155.76.244.230/bids/bids.htm

2. SEALED BIDS FOR THE WORK DESCRIBED HEREIN WILL BE

RECEIVED UNTIL DATE AND TIME OF BID OPENING.

3. THIS PROCUREMENT IS UNRESTRICTED.

4. YOUR ATTENTION IS DIRECTED TO SECTION 00100-BID

SCHEDULE/INSTRUCTIONS TO BIDDERS CLAUSE ENTITLED “SUBMISSION

OF BIDS”. IT IS THE BIDDER’S RESPONSIBILITY TO ENSURE THAT

BIDS SENT BY COMMERCIAL CARRIER ARE CLEARLY IDENTIFIED AS

CONTAINING A SEALED BID ON THE OUTERMOST ENVELOPE. THIS

INCLUDES, BUT IS NOT LIMITED TO, BIDS SENT VIA: FEDERAL

EXPRESS, AIRBORNE EXPRESS, EXPRESS COURIER SERVICES, INC.,

EXPRESS MAIL - U.S. POSTAL SERVICE, UNITED PARCEL SERVICE AND

PUROLATOR.

5. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL

OPPORTUNITY CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING

FROM THIS SOLICITATION.

6. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE CONTRACT

CLAUSE ENTITLED, “AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS

FOR CONSTRUCTION”, WHICH WILL APPLY TO THE CONTRACT RESULTING

FROM THIS SOLICITATION.

7. NOTE THE PERFORMANCE AND PAYMENT BOND REQUIREMENT OF THE

CONTRACT CLAUSE “BID GUARANTEE”. A BID BOND, PERFORMANCE

BOND AND PAYMENT BOND WILL NOT BE REQUIRED UNLESS TOTAL BID

http://155.76.244.230/bids/bids.htm

IS $30,000 OR MORE.

8. SEE SECTION 01 00 00.00 09, GENERAL CONTRACT REQUIREMENTS

CLAUSE, ENTITLED, “PAYMENT INVOICES” WHICH WILL APPLY TO THE

CONTRACT RESULTING FROM THIS SOLICITATION. THE FEDERAL

ACQUISITION REGULATION REQUIRES THAT THE “REMIT TO” ADDRESS OF

THE INVOICE MATCH THE “REMIT TO” ADDRESS ON THE CONTRACT OR A

PROPER NOTICE OF ASSIGNMENT.

9. MAIL BIDS TO THE VICKSBURG DISTRICT HEADQUARTERS

BUILDING, PLANS AND SPECIFICATIONS ROOM, ROOM 120, 4155 CLAY

STREET, VICKSBURG, MISSISSIPPI 39183-3435. BIDS SENT BY

COMMERCIAL CARRIER SHALL BE CLEARLY MARKED ON THE OUTER

ENVELOPE AS CONTAINING A “SEALED BID”. BIDS MUST BE RECEIVED

PRIOR TO THE EXACT TIME SET FOR BID OPENING.

10. HAND CARRIED BIDS MUST BE DELIVERED TO THE PLANS AND

SPECIFICATIONS ROOM, ROOM 144, IN THE VICKSBURG DISTRICT

HEADQUARTERS BUILDING, 4155 CLAY STREET, VICKSBURG,

MISSISSIPPI 39183-3435. ALL BIDS MUST BE RECEIVED PRIOR TO

THE EXACT TIME SET FOR BID OPENING. NOTE: BIDS DELIVERED

LATER THAN 15 MINUTES PRIOR TO THE TIME SET FOR THE BID

OPENING SHALL BE DELIVERED DIRECTLY TO ROOM 103, BID OPENING

ROOM, RATHER THAN ROOM 144, THE PLANS AND SPECIFICATIONS ROOM.

11. BIDS WILL NOT BE ACCEPTED NOR SHALL BIDS BE WITHDRAWN

TELEGRAPHICALLY OR BY ELECTRONIC COMMERCE.

12. VENDORS CAN BE FOUND ON THE WEB SITE:

http://www.cpars.navy.mil/. IF THE CONTRACTOR WISHES TO

PARTICIPATE IN THE PERFORMANCE EVALUATION PROCESS, ACCESS TO

CCASS AND PKI CERTIFICATION IS THE SOLE RESPONSIBILITY OF THE

CONTRACTOR.

13. ELECTRONIC FUNDS TRANSFER (EFT)

PURSUANT TO FAR 52.232-5 AND 52.232-33, ALL PAYMENTS UNDER

THIS CONTRACT WILL BE MADE BY ELECTRONIC FUNDS TRANSFER (EFT).

CONTRACTORS ARE REQUIRED TO COMPLETE FORM:

UFC-DISB-4.

THE FORM AND COMPLETION INSTRUCTIONS MAY BE DOWNLOADED FROM

THE U. S. ARMY CORPS OF ENGINEERS FINANCE CENTER AT:

HTTP://WWW.FC.USACE.ARMY.MIL (CLICK ON "DIRECTORATES" AT THE

TOP OF THE PAGE, THEN CLICK ON "DIRECTORATE OF ACCOUNTING

OPERATIONS" AND THEN “EFT DIRECT DEPOSIT FORM”)

http://www.cpars.navy.mil/ http://www.fc.usace.army.mil/

THE “INSTALLATION EROC” FOR THE VICKSBURG CONSOLIDATED

CONTRACTING OFFICE IS “B4."

14. TECHNICAL INQUIRIES AND QUESTIONS

TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS

SOLICITATION ARE TO BE SUBMITTED VIA BIDDER INQUIRY IN PROJNET

AT (HTTPS://WWW.PROJNET.ORG) . BIDDERS ARE ENCOURAGED TO

SUBMIT QUESTIONS AT LEAST 5 DAYS PRIOR TO BID OPENING IN ORDER

TO ENSURE ADEQUATE TIME IS ALLOTTED TO FORM AN APPROPRIATE

RESPONSE AND AMEND THE SOLICITATION, IF NECESSARY. TO SUBMIT

AND REVIEW INQUIRY ITEMS, PROSPECTIVE VENDORS WILL NEED TO USE

THE BIDDER INQUIRY KEY PRESENTED BELOW AND FOLLOW THE

INSTRUCTIONS LISTED BELOW THE KEY FOR ACCESS. A PROSPECTIVE

VENDOR WHO SUBMITS A COMMENT /QUESTION WILL RECEIVE AN

ACKNOWLEDGEMENT OF THEIR COMMENT/QUESTION VIA EMAIL, FOLLOWED

BY AN ANSWER TO THE COMMENT/QUESTION AFTER IT HAS BEEN

PROCESSED BY OUR TECHNICAL TEAM.

ALL TIMELY QUESTIONS AND APPROVED ANSWERS WILL BE MADE

AVAILABLE THROUGH PROJNET. APPROVED ANSWERS TO ALL TIMELY

QUESTIONS WILL ALSO BE POSTED ON THE FEDBIZOPS IN THE FORM OF

A REPORT GENERATED FROM PROJNET AS SOON AS THE

COMMENT/QUESTION ENTERING PERIOD IS OVER AND ALL ANSWERS ARE

ALL FINALIZED.

THE SOLICITATION NUMBER IS: W912EE-17-B-0004

THE BIDDER INQUIRY KEY IS: TZM6C5-ZEXFB6

SPECIFIC INSTRUCTIONS FOR PROJNET BID INQUIRY ACCESS:

1. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON QUICK

ADD ON THE UPPER RIGHT SIDE OF THE SCREEN.

2. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.

3. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.

4. EMAIL. ENTER THE EMAIL ADDRESS YOU WOULD LIKE TO USE FOR

COMMUNICATION.

5. CLICK CONTINUE. A PAGE WILL THEN OPEN SAYING THAT A USER

ACCOUNT WAS NOT FOUND AND WILL ASK YOU TO CREATE ONE USING

THE PROVIDED FORM.

6. ENTER YOUR FIRST NAME, LAST NAME, COMPANY, CITY, STATE,

PHONE, EMAIL, SECRET QUESTION, SECRET ANSWER, AND TIME

ZONE. MAKE SURE TO REMEMBER YOUR SECRET QUESTION AND

ANSWER AS THEY WILL BE USED FROM THIS POINT ON TO ACCESS

THE PROJNET SYSTEM.

7. CLICK ADD USER. ONCE THIS IS COMPLETED YOU ARE NOW

REGISTERED WITHIN PROJNET AND ARE CURRENTLY LOGGED INTO

THE SYSTEM.

SPECIFIC INSTRUCTIONS FOR FUTURE PROJNET BID INQUIRY ACCESS:

1. FOR FUTURE ACCESS TO PROJNET, YOU WILL NOT BE EMAILED ANY

TYPE OF PASSWORD. YOU WILL UTILIZE YOUR SECRET QUESTION

AND SECRET ANSWER TO LOG IN.

2. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON QUICK

ADD ON THE UPPER RIGHT SIDE OF THE SCREEN.

3. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.

4. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.

5. EMAIL. ENTER THE EMAIL ADDRESS YOU USED TO REGISTER

PREVIOUSLY IN PROJNET.

6. CLICK CONTINUE. A PAGE WILL THEN OPEN ASKING YOU TO ENTER

THE ANSWER TO YOUR SECRET QUESTION.

7. ENTER YOUR SECRET ANSWER AND CLICK LOGIN. ONCE THIS IS

COMPLETED YOU ARE NOW LOGGED INTO THE SYSTEM.

15. PRIOR TO BID OPENING, IN ACCORDANCE WITH FEDERAL

ACQUISITION REGULATION PART 14.303 (b) MODIFICATION OR

WITHDRAWAL OF BIDS, “A BID MAY BE WITHDRAWN IN PERSON BY A

BIDDER OR ITS AUTHORIZED REPRESENTATIVE IF, BEFORE THE EXACT

TIME SET FOR OPENING OF BIDS, THE IDENTITY OF THE PERSONS

REQUESTING WITHDRAWAL IS ESTABLISHED AND THAT PERSON SIGNS A

RECEIPT FOR THE BID."

THE FOLLOWING STEPS WILL BE REQUIRED BY THE VICKSBURG

CONTRACTING OFFICE:

1) CONTRACTOR MUST PRESENT A LETTER VERIFYING THEY ARE A

REPRESENTATIVE OF THE COMPANY.

2) CONTRACTOR MUST SHOW VALID PICTURE ID.

3) VICKSBURG DISTRICT CONTRACTING OFFICE WILL HAVE THE

REPRESENTATIVE SIGN A RECEIPT FOR BID.

GENERAL NOTICES

1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA

AUTHORITY: Ouachita/Black River: River and Harbor Act of 1950/96x3123, Rosedale Harbor: River and Harbor Act of 1960/96X3123, Yellow Bend Port: River and Harbor Act of 1960/ 96X3123, Lake Providence Harbor: River and Harbor Act of 1960/96X3123, Madison Parish Port: River and Harbor Act of 1960/ 96X3123, Claiborne County Port: River and Harbor Act of 1960/96X3123, Vicksburg Harbor: Flood Control Act of 1928/96X3112, Greenville Harbor: Flood Control Act of 1928/ 96X3112

APPROPRIATION: FY 2016 Energy and Water Development Appropriations Bill

FUNDING CITATION: 96x3123 and 96x3112

2. NEGOTIATIONS AFTER SEALED BIDDING.

The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation. Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government, the following steps will be followed:

(a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number. The amendment will also make any necessary changes to the scope of the work.

(b) A cover letter signed by the negotiator will accompany the amendment explaining the procedures to be followed during negotiations.

3. BID, PERFORMANCE AND PAYMENT BONDS.

A bid bond is required with the bid package and is to be executed on Standard Form SF24. Performance and payment bonds with be required after award. See Section 00700, Contract Clauses 52.228-1, BID GUARANTEE and 52.228-15, PERFORMANCE AND PAYMENT BONDS -- CONSTRUCTION

4. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS.

The right is reserved, as the interest of the Government may require, to revise or amend the specifications and/or drawings prior to the date set for opening bids. Such revisions or amendments, if any, will be announced by amendment or amendments to this Invitation for Bids. Copies of such amendments as may be issued will be furnished to all prospective bidders. If the revision or amendments are of a nature which require material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the District Engineer will enable bidders to revise their bids. In such case, the amendments will include an announcement of the new date for opening bids.

5. BUSINESS INTEGRITY.

The apparent successful bidder as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

6. CONDITIONS AFFECTING THE WORK.

Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications, or related documents.

7. BIDDER'S QUALIFICATIONS.

Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and the plant available to be used in performing the work.

8. SITE OF THE WORK.

Bidders are advised that for purpose of applicability of the Davis-Bacon Act and other contract labor standard provisions, "the site of the work" under the contract to be awarded pursuant to this Invitation may not be limited to the physical place(s) where the construction called for in the contract will remain when work on it has been completed.The "site of the work" may include other adjacent or nearby property used by the Contractor or Subcontractors during such construction. For example, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., will be considered part of the site of the work provided they are dedicated exclusively or nearly so to performance on the contract and are so located in proximity to the actual construction location that it would be reasonable to include them.

9. INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE,

AND BONDS.

a. Specifications, Invitation No. W912EE-17-B-0004, Bidding Schedule, Pre-award Information/Description of Work/Bid Evaluation, Equipment Schedule, Construction Contract Clauses, and Wage Determination Decisions No. MS150003 01/06/2017 MS3, AR150003 01/06/2017 AR3, and LA150011 01/06/2017 LA11 of the Secretary of Labor, are parts of this Invitation.

b. (1) An offeror (bidder) electing to use individual sureties for either bid guarantees or performance and payment bonds must submit, concurrently with the bonds and required affidavits, a statement of both the business and personal names of the persons and/or brokerages firms through whom the bonds or the guarantees were obtained, together with the address and telephone number of the persons and/or brokerage firms.

(2) Offerors or bidders should note that some individual sureties and brokers of individual sureties have been debarred or suspended from offering themselves or others as sureties to the Government. Offerors or bidders are responsible for ascertaining the current status of their sureties and brokers.

(3) Failure to provide the required information or the submission of bid guarantees obtained from debarred or suspended sureties or brokers may cause rejection of the offer (bid).

10. DEFINITIONS

(a) The term "head of the agency" or "Secretary" as used herein means the Secretary of the Army; and the term "his duly authorized representative" means the Chief of Engineers, Department of the Army, or an individual or board designated by him.

(b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(c) The agency board of contract appeals having jurisdiction over all appeals from final decisions of the Contracting Officer under the Contract Disputes Act of l978 is the Armed Services Board of Contract Appeals, addressed as follows:Recorder, Armed Services Board of Contract Appeals, Skyline 6, 7th Floor, 5109 Leesburg Pike, Falls Church, Virginia 22041-3208.

(d) "Small business concern" means a concern including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.

(1) Size Standards for Construction and Special Trades.

(a) Construction. A concern is small if its average annual receipts for its preceding 3 fiscal years did not exceed $36.5 million.

(b) Dredging. A concern is small if (1) its average annual receipts for its preceding 3 fiscal years did not exceed $27.5 million, and (2) at least 40 percent of the yardage in the contract's plans and specifications is dredged with equipment owned by the concern or obtained from another small business dredging concern.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 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 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price 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:

Covered Area Goals for Minority Goals for Female (See Sub-Paragraph (e) below) Participation Participation for Each Trade for Each Trade

(1) 16.4% 6.9%

(2) 30.4% 6.9%

(3) 22.8% 6.9%

(4) 27.9% 6.9%

(5) 29.3% 6.9%

(6) 32.0% 6.9%

(7) 26.5% 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

(1) Little Rock-North Little Rock, Arkansas, Non-Standard Metropolitan Statistical Area (Non-SMSA), which includes Ashley, Bradley, Calhoun, Chicot, Desha, Ouachita, and Union counties, Arkansas.

(2) Baton Rouge, Louisiana, Non-SMSA, which includes Concordia, West Feliciana, Pointe Coupee Parishes, Louisiana; and Adams and Wilkinson Counties, Mississippi.

(3) Monroe, Louisiana, SMSA Parishes, which includes Ouachita Parish, Louisiana.

(4) Monroe, Louisiana, Non-SMSA Parishes, which includes Caldwell, East Carroll, Catahoula, LaSalle, Madison, Morehouse, Tensas, and Union Parishes, Louisiana.

(5) Shreveport, Louisiana, Non-SMSA Parishes, which includes Avoyelles Parish, Louisiana.

(6) Jackson, Mississippi, Non-SMSA Counties, which includes Claiborne, Issaquena, Jefferson, and Warren Counties, Mississippi.

(7) Memphis, Tennessee, Non-SMSA Counties, which includes Bolivar and Washington Counties, Mississippi.

(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

CEMVK-CT-C

4155 Clay Street Vicksburg, MS 39183

(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)

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

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

http://farsite.hill.af.mil/

(End of provision)

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 (48 CFR Chapter) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-8 Annual Representations and Certifications JAN 2017 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.222-25 Affirmative Action Compliance APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

(End of provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may…