A22_W912EE18B0002___.pdf

SOLICITATION NO. W912EE18B0002

DATE: 27 February 2018

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

W807PM80572813

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.

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

28 FEBRUARY 2018

(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

230 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 BY "Set 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)631-7261FAX: TEL: TEL: FAX:

W912EE18B0002

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)

CODE27. 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 Ouachita and Black and Red River Waterways, but in accordance with paragraph 1.3.2 “Other Locations” in Section 02482 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 HOURS

858 HR

0001AB

HOURS OVER ITEM 0001AA 858 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 HOURS 809 HR $ $

0002AB

HOURS OVER ITEM 0002AA 809 HR $ $

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

0003AA

FIRST HOURS 756 HR $ $

0003AB

HOURS OVER ITEM 0003AA 756 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 HOURS 787 HR $ $

0004AB

HOURS OVER ITEM 0004AA 787 HR $ $

ITEM

NO. SUPPLIES/SERVICES QTY UNIT

UNIT

PRICE AMOUNT

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 HOURS 703 HR $ $

0005AB

HOURS OVER ITEM 0005AA 703 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 657 HR $ $

0006AB

HOURS OVER ITEM 0006AA 657 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 HOURS 651 HR $ $

0007AB

HOURS OVER ITEM 0007AA 651 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, AND WITH TRAVELING

SPUD CARRIAGE

0008AA

FIRST HOURS 585 HR $

0008AB

HOURS OVER ITEM 0008AA 585 HR $

MOBILIZATION 1 JOB FOR $

DEMOBILIZATION 1 JOB FOR $

REMOBILIZATION

1 EA

TOWING SERVICE UPSTREAM 300 MI $ $

TOWING SERVICE DOWNSTREAM 300 MI $ $

SHORELINE

3,000 LF

TOTAL BASE $

The work to be performed by OPTIONAL LINE ITEMS 0015 through 0022 will be in the Red River.

BIDDING SCHEDULE- OPTION 1 - RED RIVER

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

0015AA

FIRST HOURS

490 HR

0015AB

HOURS OVER ITEM 0015AA

490 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

0016AA

FIRST HOURS

441 HR

0016AB

HOURS OVER ITEM 0016AA

441 HR

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

0017AA

FIRST HOURS

388 HR

0017AB

HOURS OVER ITEM 0017AA

388 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

0018AA

FIRST HOURS

419 HR

0018AB

HOURS OVER ITEM 0018AA

419 HR

ITEM

NO. SUPPLIES/SERVICES QTY UNIT

UNIT

PRICE AMOUNT

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

0019AA

FIRST HOURS

335 HR

0019AB

HOURS OVER ITEM 0019AA

335 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

0020AA

FIRST HOURS

289 HR

0020AB

HOURS OVER ITEM 0020AA

289 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

0021AA

FIRST HOURS

283 HR

0021AB

HOURS OVER ITEM 0021AA

283 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, AND WITH TRAVELING

SPUD CARRIAGE

0022AA

FIRST HOURS

217 HR

0022AB

HOURS OVER ITEM 0022AA

217 HR

TOTAL OPTION 1 $

TOTAL BASE PLUS OPTION 1 $

NOTES

(a) THIS PROCUREMENT IS UNRESTRICTED.

(b) 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”.

(c) 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.

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

(e) 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.

(f) Item Nos. 0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008,0015, 0016, 0017, 0018, 0019, 0020, 0021, and 0022 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.

(g) 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.

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

Government.

(i) 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".

(j)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.

(k) 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. W912EE18B0002

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 WILL BE SET BY

AMENDMENT.

BID OPENING MAY BE ATTENDED IN PERSON OR VIEWED ONLINE AT

https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw/live

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

IS $30,000 OR MORE.

https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw/live

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: W912EE18B0002

THE BIDDER INQUIRY KEY IS: 3YRERD-5E7QA4

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. W912EE18B0002, Bidding

Schedule, Pre-award Information/Description of Work/Bid

Evaluation, Equipment Schedule, Construction Contract

Clauses, and Wage Determination Decisions No. MS150003

01/05/2018 MS3, AR150003 01/05/2018 AR3, and LA150011

01/05/2018 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

52.214-3 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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for

Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) database means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding

Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification

Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

http://www.sam.gov/

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

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 http://www.sam.gov/ https://www.acquisition.gov/

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 terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required…