W912EP-17-B-0001_KBIC-MCT_FY17_Vol1_CERTIFIED_SPECS.pdf

W912EP-17-B-0001

Jacksonville District

MAINTENANCE DREDGING PROJECTS

AT

US NAVY SUBMARINE BASE, MARINE CORPS SUPPORT FACILITY,

KINGS BAY & BLOUNT ISLAND

CAMDEN COUNTY, GEORGIA DUVAL COUNTY, FLORIDA

(44, 45, AND 47- FOOT PROJECT) (38 - FOOT PROJECT)

Construction Solicitation and Specifications Volume 1 of 2

19 DECEMBER 2016

This page was intentionally left blank for duplex printing.

U.S. NAVY SUBMARINE BASE, KINGS BAY, CAMDEN COUNTY, GEORGIA (44, 45 AND 47 FOOT PROJECT) & MARINE CORPS SUPPORT

BLOUNT ISLAND, DUVAL COUNTY, FLORIDA (38-FOOT PROJECT).

DESCRIPTION OF WORK: REFER TO SECTION 01 11 00 FOR COMPLETE PROJECT DESCRIPTION

DRAWINGS: SEE DFARS CLAUSE 252.236-7001, IN SECTION 00700.

MAGNITUDE OF CONSTRUCTION IS BETWEEN $5,000,000.00 AND $10,000,000.00. THIS IS A SMALL BUSINESS SET-ASIDE PROCUREMENT.

THE NAICS CODE IS 237990 AND THE SMALL BUSINESS SIZE STANDARD IS $27,000,000.00. TO BE CONSIDERED SMALL FOR PURPOSES

OF GOVERNMENT PROCUREMENT, A FIRM MUST PERFORM AT LEAST 40 PERCENT OF THE VOLUME DREDGED WITH ITS OWN

EQUIPMENT OR EQUIPMENT OWNED BY ANOTHER SMALL DREDGING CONCERN.

***BLOCK 11 - SEE SECTION 00700, CLAUSE 52.211-10 FOR PERIOD OF PERFORMANCE

A SITE VISIT WILL BE HELD ON 10 JANUARY 2017 AT 10:00AM. SEE FAR CLAUSE 52.236-27 IN SECTION 00100.

A PRE-PROPOSAL TELECONFERENCE HAS BEEN SCHEDULED FOR 11 JANUARY 2017 FROM 10:00AM - 11:00AM. PLEASE CALL:

877-402-9753, ACCESS CODE: 6546236 SECURITY CODE: 2873

YOU MUST BE REGISTERED IN SAM IN ORDER TO RECEIVE AN AWARD FROM THIS SOLICITION. THE SAM WEBSITE IS LOCATED AT

WWW.SAM.GOV.

X

TIMOTHY G HUMPHREY 904-232-1072

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

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

NEGOTIATED

19-Dec-2016

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION 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 _______ 45 calendar days and complete it within ________ 257 calendar days after receiving award, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________ *SECTION 00700

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ 1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 19 Jan 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

C. All offers are subject to the (1) 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

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

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

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

FAX: TEL: TEL: FAX:

W912EP-17-B-0001 242

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701SAN MARCO BLVD

JACKSONVILLEFL32207-8175

See Item 14 document and return _______ copies to issuing office.)

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

OFFER (Must be fully completed by offeror)

15. TELEPHONE NO. (Include area code)

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

FACILITY CODE

(Insert any number equal to or greater than

AMENDMENT NO.

DATE

20B. SIGNATURE 20C. OFFER DATE

(To be completed by Government)

SEE SCHEDULE

41 U.S.C. 253(c)

CODE K3M0E00 27. PAYMENT WILL BE MADE BY CODE 964145

USACE FINANCE CENTER

5722 INTEGRITY DRIVE

ATTN: CEFC-AO-P

MILLINGTON, TN 38054-5005

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)

Contractor agrees

31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE 31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

(REV. 4-85) STANDARD FORM 1442 BACK

(Type or print)

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

(Include ZIP Code)

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AWARD

23. ACCOUNTING AND APPROPRIATION DATA

AMOUNTS SEE SCHEDULE OF PRICES

(Type or print)

14. NAME AND ADDRESS OF OFFEROR

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.)

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

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER

21. ITEMS ACCEPTED:

22. AMOUNT

(4 copies unless otherwise specified)

26. ADMINISTERED BY

NORTH FLORIDA AREA OFFICE

SUITE 201

4070 BOULEVARD CENTER DRIVE,

JACKSONVILLE, FL 32206-3474

PH: (904) 232-3086

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN

30B. SIGNATURE

NSN 7540-01-155-3212 00010-2

to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be 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.

Your offer on this solicitation, is hereby accepted as to the items listed. This award con-summates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

SECTION 00010A

LINE ITEMS AND PRICING SCHEDULE

W912EP-17-B-0001 00010A-1

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

BASE:

0001 KBIC MOBILIZATION AND DEMOBILIZATION 1 LUMP SUM $_______________

0002 and KBIC EXCAVATION, UNCLASSIFIED;

0003 below KBIC STATION 43+300 TO STATION 48+175

(ESTIMATED QUANTITIES - SEE NOTE 2)

0002 UP TO 150,000 CUBIC YARDS (CY) 150,000 CUBIC YARD $___________ $_______________

0003 FROM 150,001 CY TO 300,000 CY 150,000 CUBIC YARD $___________ $_______________

0004 and KBIC EXCAVATION, UNCLASSIFIED;

0005 below KBIC STATION 39+141 TO STATION 43+300

AND EXPLOSIVE HANDLING BASIN

(ESTIMATED QUANTITIES - SEE NOTE 2)

0004 UP TO 200,000 CUBIC YARDS (CY) 200,000 CUBIC YARD $___________ $_______________

0005 FROM 200,001 CY TO 315,000 CY 115,000 CUBIC YARD $___________ $_______________

0006 and KBIC EXCAVATION, UNCLASSIFIED;

0007 below KBIC STATION 31+800 TO STATION 39+141 AND

MAGNETIC SILENCING FACILITY (MSF) NORTH

(ESTIMATED QUANTITIES - SEE NOTE 2)

0006 UP TO 100,000 CUBIC YARDS (CY) 100,000 CUBIC YARD $___________ $_______________

0007 FROM 100,001 CY TO 255,000 CY 155,000 CUBIC YARD $___________ $_______________

0008 and KBIC EXCAVATION, UNCLASSIFIED; SITE SIX NORTH 0009 below KBIC STATION 36+850 TO STATION 38+800

(ESTIMATED QUANTITIES - SEE NOTE 2)

0008 UP TO 40,000 CUBIC YARDS (CY) 40,000 CUBIC YARD $___________ $_______________

0009 FROM 40,001 CY TO 70,000 CY 30,000 CUBIC YARD $___________ $_______________

00010 and KBIC STANDBY TIME (SEE NOTE 5) 0011 below (ESTIMATED QUANTITIES)

0010 UP TO 24 HOURS 24 HOUR $___________ $_______________

0011 FROM 24 HOURS TO 120 HOURS 96 HOUR $___________ $_______________

0012 KBIC BIRD MONITORING (SEE NOTE 7) 1 LUMP SUM $_______________

TOTAL BASE (LINE ITEMS 0001 THRU 0012): $_______________

OPTION A:

0013 and KBIC EXCAVATION, UNCLASSIFIED;

0014 below KBIC SITE SIX OPERATING AREA - SOUTH

AND ARDM YOKE

STATION 34+233.1 TO STATION 36+548

(ESTIMATED QUANTITIES - SEE NOTE 2)

0013 UP TO 40,000 CUBIC YARDS (CY) 40,000 CUBIC YARD $___________ $_______________

0014 FROM 40,001 CY TO 75,000 CY 35,000 CUBIC YARD $___________ $_______________

0015 KBIC BIRD MONITORING (SEE NOTE 7) 1 LUMP SUM $_______________

OPTION A CONTINUES ON NEXT PAGE.

MAINTENANCE DREDGING PROJECTS AT: U.S. NAVY SUBMARINE BASE,

KINGS BAY, CAMDEN COUNTY, GEORGIA (44, 45 AND 47-FOOT PROJECT)

MARINE CORPS SUPPORT FACILITY - BLOUNT ISLAND,

DUVAL COUNTY, FLORIDA (38-FOOT PROJECT)

W912EP-17-B-0001 00010A-2

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

MAINTENANCE DREDGING PROJECTS AT: U.S. NAVY SUBMARINE BASE,

KINGS BAY, CAMDEN COUNTY, GEORGIA (44, 45 AND 47-FOOT PROJECT)

MARINE CORPS SUPPORT FACILITY - BLOUNT ISLAND,

DUVAL COUNTY, FLORIDA (38-FOOT PROJECT)

TOTAL OPTION A (LINE ITEMS 0013 THROUGH 0015) $_______________

TOTAL BASE PLUS OPTION A (LINE ITEMS 0001 THROUGH 0015) $_______________

OPTION B:

0016 and KBIC EXCAVATION, UNCLASSIFIED;

0017 below EXPLOSIVE HANDLING WHARVES (EHW)

STATION 41+420 TO STATION 43+320

(ESTIMATED QUANTITIES - SEE NOTE 2)

0016 UP TO 15,000 CUBIC YARDS (CY) 15,000 CUBIC YARD $___________ $_______________

0017 FROM 15,001 CY TO 30,000 CY 15,000 CUBIC YARD $___________ $_______________

0018 KBIC BIRD MONITORING (SEE NOTE 7) 1 LUMP SUM $_______________

TOTAL OPTION B (LINE ITEMS 0016 THROUGH 0018) $_______________

TOTAL BASE PLUS OPTIONS A & B (LINE ITEMS 0001 THROUGH 0018) $_______________

OPTION C:

0019 and KBIC EXCAVATION, UNCLASSIFIED;

0020 below KBIC REFIT WHARVES

STATION 45+850.4 TO STATION 48+175

(ESTIMATED QUANTITIES - SEE NOTE 2)

0019 UP TO 10,000 CUBIC YARDS (CY) 10,000 CUBIC YARD $___________ $_______________

0020 FROM 10,001 CY TO 15,000 CY 5,000 CUBIC YARD $___________ $_______________

0021 KBIC BIRD MONITORING (SEE NOTE 7) 1 LUMP SUM $_______________

TOTAL OPTION C (LINE ITEMS 0019 THROUGH 0021) $_______________

TOTAL BASE PLUS OPTIONS A, B & C (LINE ITEMS 0001 THROUGH 0021) $_______________

OPTION D:

022 and KBIC EXCAVATION, UNCLASSIFIED;

0023 below PORT OPERATIONS SMALL BOAT BASIN

STATION 43+497.45 TO STATION 45+207.13

(ESTIMATED QUANTITIES - SEE NOTE 2)

0022 UP TO 15,000 CUBIC YARDS (CY) 15,000 CUBIC YARD $___________ $_______________

0023 FROM 15,001 CY TO 20,000 CY 5,000 CUBIC YARD $___________ $_______________

0024 KBIC BIRD MONITORING (SEE NOTE 7) 1 LUMP SUM $_______________

TOTAL OPTION D (LINE ITEMS 0022 THROUGH 0024) $_______________

TOTAL BASE PLUS OPTIONS A, B, C & D (LINE ITEMS 0001 THROUGH 0024) $_______________

W912EP-17-B-0001 00010A-3

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

MAINTENANCE DREDGING PROJECTS AT: U.S. NAVY SUBMARINE BASE,

KINGS BAY, CAMDEN COUNTY, GEORGIA (44, 45 AND 47-FOOT PROJECT)

MARINE CORPS SUPPORT FACILITY - BLOUNT ISLAND,

DUVAL COUNTY, FLORIDA (38-FOOT PROJECT)

OPTION E:

0025 KBIC EXCAVATION, UNCLASSIFIED; 38,000 CUBIC YARD $___________ $_______________

PORT SECURITY BARRIER MOORING AREA

STATION 46+100 TO STATION 47+393.59

(ESTIMATED QUANTITIES - SEE NOTE 2)

0026 KBIC BIRD MONITORING (SEE NOTE 7) 1 LUMP SUM $_______________

TOTAL OPTION E (LINE ITEMS 0025 AND 0026) $_______________

TOTAL BASE PLUS OPTIONS A, B, C, D & E (LINE ITEMS 0001 THROUGH 0026) $_______________

OPTION F:

0027 KBIC EXCAVATION, UNCLASSIFIED; DRY DOCK 1 LUMP SUM $___________ $_______________

CAISSON GATE SILL AND MOORING FACILITY

(ESTIMATED QUANTITIES - SEE NOTE 2)

0028 KBIC BIRD MONITORING (SEE NOTE 7) 1 LUMP SUM $_______________

TOTAL OPTION F (LINE ITEMS 0027 AND 0028) $_______________

TOTAL BASE PLUS OPTIONS A, B, C, D, E & F (LINE ITEMS 0001 THROUGH 0028) $_______________

OPTION G:

KBIC SECONDARY MAINTENANCE DREDGING

0029 KBIC INTERIM MOBILIZATION 1 LUMP SUM $_______________

0030 KBIC EXCAVATION, UNCLASSIFIED; 40,000 CUBIC YARD $___________ $_______________

KBIC SITE SIX OPERATING AREA - SOUTH

AND ARDM YOKE

(ESTIMATED QUANTITIES - SEE NOTE 2)

0031 KBIC EXCAVATION, UNCLASSIFIED; 15,000 CUBIC YARD $___________ $_______________

EXPLOSIVE HANDLING WHARVES (EHW)

(ESTIMATED QUANTITIES - SEE NOTE 2)

0032 KBIC EXCAVATION, UNCLASSIFIED; 10,000 CUBIC YARD $___________ $_______________

KBIC REFIT WHARVES

(ESTIMATED QUANTITIES - SEE NOTE 2)

0033 KBIC EXCAVATION, UNCLASSIFIED; DRY DOCK 1 LUMP SUM $___________ $_______________

CAISSON GATE SILL AND MOORING FACILITY

(ESTIMATED QUANTITIES - SEE NOTE 2)

0034 KBIC BIRD MONITORING (SEE NOTE 7) 1 LUMP SUM $_______________

0035 KBIC STANDBY TIME (SEE NOTE 5) 24 HOUR $___________ $_______________

(ESTIMATED QUANTITIES)

TOTAL OPTION G (LINE ITEMS 0029 THROUGH 0035) $_______________

TOTAL BASE PLUS OPTIONS A, B, C, D, E, F & G (LINE ITEMS 0001 THROUGH 0035) $_______________

OPTION H:

0036 KBIC FIELD-CUT WEIR RISER BOARDS 20 EACH $___________ $_______________

(ESTIMATED QUANTITY)

TOTAL OPTION H (LINE ITEM 0036) $_______________

TOTAL BASE PLUS OPTIONS A, B, C, D, E, F, G & H (LINE ITEMS 0001 THROUGH 0036) $_______________

W912EP-17-B-0001 00010A-4

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

MAINTENANCE DREDGING PROJECTS AT: U.S. NAVY SUBMARINE BASE,

KINGS BAY, CAMDEN COUNTY, GEORGIA (44, 45 AND 47-FOOT PROJECT)

MARINE CORPS SUPPORT FACILITY - BLOUNT ISLAND,

DUVAL COUNTY, FLORIDA (38-FOOT PROJECT)

OPTION J:

MCT MAINTENANCE DREDGING

0037 MCT INTERIM MOBILIZATION 1 LUMP SUM $_______________

0038 and MCT EXCAVATION, UNCLASSIFIED;

0039 below MCT STATION 0+00 TO STATION 12+00

(ESTIMATED QUANTITIES - SEE NOTE 2)

0038 UP TO 30,000 CUBIC YARDS (CY) 30,000 CUBIC YARD $___________ $_______________

0039 FROM 30,001 CY TO 55,000 CY 25,000 CUBIC YARD $___________ $_______________

0040 and MCT EXCAVATION, UNCLASSIFIED;

0041 below MCT STATION 12+00 TO STATION 56+09.1

(ESTIMATED QUANTITIES - SEE NOTE 2)

0040 UP TO 40,000 CUBIC YARDS (CY) 40,000 CUBIC YARD $___________ $_______________

0041 FROM 40,001 CY TO 65,000 CY 25,000 CUBIC YARD $___________ $_______________

0042 MCT STANDBY TIME (SEE NOTE 5) 24 HOUR $___________ $_______________

(ESTIMATED QUANTITY)

0043 MCT BIRD MONITORING (SEE NOTE 7) 1 LUMP SUM $_______________

0044 MCT TURBIDITY AND DISPOSAL MONITORING 1 LUMP SUM $_______________

TOTAL OPTION J (LINE ITEMS 0037 THROUGH 0044) $_______________

TOTAL BASE PLUS OPTIONS A, B, C, D, E, F, G H & J (LINE ITEMS 0001 THROUGH 0044)

OPTION K:

0045 KBIC EXCAVATION, UNCLASSIFIED; 9,500 CUBIC YARD $___________ $_______________

CRAB ISLAND ACCESS CHANNEL

STATION 38+198.70 TO STATION 38+478.75

(ESTIMATED QUANTITIES - SEE NOTE 2)

0046 KBIC BIRD MONITORING (SEE NOTE 7) 1 LUMP SUM $_______________

TOTAL OPTION K (LINE ITEMS 0045 AND 0046) $_______________

TOTAL BID (LINE ITEMS 0001 THROUGH 0046) $_______________

W912EP-17-B-0001 00010A-5

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

MAINTENANCE DREDGING PROJECTS AT: U.S. NAVY SUBMARINE BASE,

KINGS BAY, CAMDEN COUNTY, GEORGIA (44, 45 AND 47-FOOT PROJECT)

MARINE CORPS SUPPORT FACILITY - BLOUNT ISLAND,

DUVAL COUNTY, FLORIDA (38-FOOT PROJECT)

NOTES:

(1) OFFEROR MUST PRICE ALL LINE ITEMS.

(2) QUANTITY INCLUDES REQUIRED DEPTH, ALLOWABLE OVERDEPTH AND SHOALING ESTIMATED TO OCCUR BETWEEN DATES OF SURVEYS SHOWN ON DRAWINGS AND ACTUAL DREDGING. (SEE CLAUSE 999.211-1)

(3) FAILURE TO COMPLETE AND RETURN ALL REQUIRED SUBMISSIONS (SF 1442, SECTION 00010A, SECTION 00101, AND BID GUARANTEE) COULD RENDER YOUR BID NON-RESPONSIVE. SEE PARAGRAPH 999.214-4018 (SECTION 00100)

(4) THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE OPTIONAL ITEMS ANYTIME PRIOR TO DEMOBILIZATION OF EQUIPMENT. SEE CLAUSE 52.217-7 (SECTION 00700). THE CONTRACTOR SHALL NOTIFY THE CONTRACTING OFFICER, IN WRITING, A MINIMUM OF 7 DAYS PRIOR TO THE ANTICIPATED DATE OF THE DEMOBILIZATION OF A DREDGE PLANT. SEE CLAUSE 52.211-10 (SECTION 00700) FOR MORE INFORMATION ABOUT ORDER OF WORK FOR OPTIONS.

(5) STANDBY TIME IS DEFINED AS WHEN THE DREDGE PLANT IS NOT IN OPERATION AT THE DIRECTION OF THE CONTRACTING OFFICER OR ADMINISTRATIVE CONTRACTING OFFICER. STANDBY TIME SHALL BE UTILIZED ONLY DUE TO THE PRESENCE OF ENDANGERED SPECIES IN THE IMMEDIATE AREA OF THE DREDGING OPERATIONS, DIFFERIING SITE CONDITIONS, SECURITY OPERATIONS OR OTHER CONDITIONS AS DETERMINED BY THE CONTRACTING OFFICER. STANDBY TIME IS NOT AFFORDED FOR DELAYS CAUSED BY ADVERSE WEATHER CONDITIONS. THIS LINE ITEM IS NOT SUBJECT TO THE VARIATION IN

ESTIMATED QUANTITY CLAUSE, AND PAYMENT WILL ONLY BE MADE FOR ACTUAL STANDBY TIME

REQUIRED BY THE CONTRACTING OFFICER. SEE SECTION 01 22 00 MEASUREMENT AND PAYMENT AND

SECTION 01 57 20 ENVIRONMENTAL PROTECTION.

(6) KINGS BAY INNER CHANNEL (KBIC) AND MARINE CORPS TERMINAL (MCT) HAVE SEPARATE SECURITY REQUIREMENTS.

SEE PARAGRAPHS "KINGS BAY INNER CHANNEL U.S. NAVY SUBMARINE BASE STATION ACCESS/REGULATIONS" AND THE "MARINE CORPS SUPPORT FACILITY - BLOUNT ISLAND (MCSF-BI) ENTRY CONTROL REGULATIONS" LOCATED IN THE SECTION 01 11 00 IN ADDITION TO THE SECTION 01 11 00 APPENDICES A, 2A, 3A and B.

(7) PAYMENT WILL BE MADE FOR BIRD MONITORING IN ACCORDANCE WITH SECTION 01 57 20.

SECTION 00010A, Attachment “A”

W912EP-17-B-0001 00010A-A1

INSTRUCTIONS FOR TECHNICAL INQUIRES AND QUESTIONS

All technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet/binKornHome/

To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system.

To self-register go to the ProjNet web page and follow the steps below.

1. Click the BID tab;

2. Select Bidder Inquiry;

3. Under the Agency drop-down menu select USACE;

4. Enter Key for this solicitation listed below, and a valid e-mail address,

5. Click Login.

6. Fill in all required information and click Create User.

7.

Verify that information on next screen is correct and click Continue.

From this page you may view all bidder inquiries or add inquiries. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is: W912EP-17-B-0001

The Bidder Inquiry Key is: R8W3JJ-27ITXF

THE GOVERNMENT RESERVES THE RIGHT TO LIMIT AND/OR TO NOT RESPOND

TO ANY FURTHER QUESTIONS PERTAINING TO THIS PROJECT RECEIVED

AFTER JANUARY 13, 2017. OFFERORS SHOULD BASE THEIR BIDS ON THE

INFORMATION PROVIDED IN THE SOLICITATION AND ALL ISSUED

AMENDMENTS THERETO.

The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

U.S. Naval Station Kings Bay, Maintenance Dredging Inner Channel, Marine Corps Support Facility - Blount Island, Camden County, GA and Duval County, FL

This page was intentionally left blank for duplex printing.

U.S. Naval Station Kings Bay, Maintenance Dredging Inner Channel, Marine Corps Support Facility - Blount Island, Camden County, GA and Duval County, FL

W912EP-17-B-0001 00100-i

Section 00100 - INSTRUCTIONS TO OFFERORS

52.204-7 System for Award Management JUL 2013 52.204-16 Commercial and Government Entity Code

Reporting

JUL 2016

52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

APR 2014

52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids

NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.216-1 Type Of Contract APR 1984 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary

Site of the Work

MAY 2014

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

FEB 1999

52.222-38 Compliance With Veterans' Employment Reporting Requirements

FEB 2016

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

MAY 2014

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.233-2 SERVICE OF PROTEST (SEP 2006) (CESAJ

ADAPTATION)

OCT 2006

52.236-27 (Alt I) SITE VISIT (CONSTRUCTION) (FEB 1995)

(ALTERNATE I) (FEB 1995) (CESAJ

ADAPTATION)

MAY 2003

52.252-5 Authorized Deviations In Provisions APR 1984 252.204-7004 Alt A

System for Award Management Alternate A FEB 2014

252.225-7031

Secondary Arab Boycott Of Israel JUN 2005

W912EP-17-B-0001 00100-ii

99.204-1 HAND-DELIVERING OFFERS TO THE

PRUDENTIAL OFFICE BUILDING IN

JACKSONVILLE

MAY 2004

999.204-2 PUBLIC ATTENDANCE AT PUBLIC BID

OPENINGS

FEB 2010

999.204-4003 DISTRIBUTING SOLICITATION

AMENDMENTS VIA FEDBIZOPPS.GOV

999.209-1 NATIONAL DREDGING QUALITY

MANAGEMENT PROGRAM SYSTEM –

SPECIAL STANDARD OF RESPONSIBILITY

JUL 2010

999.209-4005 SEAGOING BARGE ACT - SPECIAL

STANDARD OF RESPONSIBILITY

DEC 1999

999.209-4006 STANDARD OF RESPONSIBILITIY FOR

DREDGING CONTRACTORS

OCT 2001

999.214-4000 OBTAINING INFORMATION REGARDING

THIS SOLICITATION

DEC 1999

999.214-4018 BIDDER'S CHECKLIST --

CONSTRUCTION/DREDGING CONTRACTS

DEC 1999

999.214-4020 NOTIFICATION TO UNSUCCESSFUL

BIDDERS

SEP 2006

999.219-4003 SOURCES FOR ASSISTANCE IN LOCATING

SMALL BUSINESS SUBCONTRACTORS

DEC 1999

999.219-4006 SUBCONTRACTING PLAN TARGET GOALS JUN 2015

W912EP-17-B-0001 00100-1

SECTION 00100 - INSTRUCTIONS TO OFFERORS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

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

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor 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''.

(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.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number 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 DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

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(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

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

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) 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)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or https://www.acquisition.gov/

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(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ``CAGE'' before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of Provision)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (APR 2014)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/);

http://www.sam.gov/ https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/ https://assist.dla.mil/online/start/

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(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the solicitation. The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

52.214-5 SUBMISSION OF BIDS (MAR 1997)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

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(d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids

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will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214- 31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

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(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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

(MAY 2014)

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

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

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

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

Duval County, FL. 21.8%

Camden County, GA.

22.2%

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.

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(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 Duval County, Florida and Camden County, Georgia.

52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS

(FEB 2016)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause.

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

UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225- 11).

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

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(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

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

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND

CERTIFICATIONS. (OCT 2015)

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

Person--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

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Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225- 12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

52.233-2 SERVICE OF PROTEST (SEP 2006) (CESAJ ADAPTATION)

mailto:CISADA106@state.gov http://www.treasury.gov/ofac/downloads/t11sdn.pdf

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(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 the person identified in item 10 of the Standard Form 33 (if this solicitation is for non-commercial supplies or services), in item 9A of the Standard Form 1442 (if this solicitation is for construction or dredging), in item 7 of the Standard Form 1449 (if this solicitation is for commercial items), or in…