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W912EP18B0014
Jacksonville District
Horseshoe Cove, Maintenance Dredging 6-foot Project, Dixie County, Entrance Channel and Turning Basin
Construction Solicitation and Specifications Volume 1 of 2
October 5, 2018
HORSESHOE COVE MAINTENANCE DREDGING, 6-FOOT PROJECT, ENTRANCE CHANNEL AND TURNING BASIN, DIXIE COUNTY, FLORIDA
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 $1,000,000.00 AND $5,000,000.00. THIS IS A SMALL BUSINESS SET-ASIDE PROCUREMENT.
THE NAICS CODE IS 237990 AND THE SMALL BUSINESS SIZE STANDARD IS $27,500,000.00.
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 THURSDAY, 18 OCT 2018 AT 10:00 AM LOCAL TIME. SEE FAR CLAUSE 52.236-27 IN SECTION 00100.
A PRE-PROPOSAL TELECONFERENCE HAS BEEN SCHEDULED FOR FRIDAY, 19 OCT 2018 FROM 10:00AM - 11:00AM LOCAL TIME. PLEASE
CALL: 1-877-402-9753, 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
05-Oct-2018
(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 ________ 215 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________ 0 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 06 Nov 2018 (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
USA ENGINEER DISTRICT, JACKSONVILLE
CONTRACTING DIVISION
701 SAN MARCO BLVD
JACKSONVILLE FL 32207-8175
W912EP
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:
W912EP18B0014 206
*SECTION 00700
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)
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
HORSESHOE COVE, MAINTENANCE DREDGING
6-FOOT PROJECT, DIXIE COUNTY, ENTRANCE
CHANNEL AND TURNING BASIN
LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
BASE STA. 100+00 TO STA. 183+00
0001 MOBILIZATION AND DEMOBILIZATION 1 JOB $______________
0002 REGROUP PARTNERING MEETING 2 EACH $______________
0003 EXCAVATION, UNCLASSIFIED 65,000 CUBIC YARD $____________ $______________
ENTRANCE CHANNEL STA. 100+00 TO STA.
183+00, PLUS 1 FT ALLOWABLE OVERDEPTH
(ESTIMATED QUANTITY, SEE NOTE 1)
TURBIDITY MONITORING 1 JOB $______________
0005 ENVIRONMENTAL SPECIES OBSERVERS 1 JOB $______________
0006 BIRD MONITORING 60 DAY $____________ $______________
(ESTIMATED QUANTITY, SEE NOTE 4)
TOTAL (LINE ITEMS 0001 THRU 0006) $______________
OPTION A STA. 183+00 TO STA. 190+73.6
0007 EXCAVATION, UNCLASSIFIED 33,000 CUBIC YARD $____________ $______________
ENTRANCE CHANNEL STA. 183+00 TO STA.
190+73.6, PLUS 1 FT ALLOWABLE OVERDEPTH
(ESTIMATED QUANTITY, SEE NOTE 1)
0008 TURBIDITY MONITORING 1 JOB $______________
0009 ENVIRONMENTAL SPECIES OBSERVERS 1 JOB $______________
0010 BIRD MONITORING 35 DAY $____________ $______________
(ESTIMATED QUANTITY, SEE NOTE 4)
TOTAL OPTION A (LINE ITEMS 0007 THRU 0010) $______________
TOTAL BASE + OPTION A (LINE ITEMS 0001 THRU 0010) $______________
NOTES: (1) THE TOTAL QUANTITY SHOWN FOR EACH EXCAVATION CLIN INCLUDES REQUIRED DEPTH, ALLOWABLE OVERDEPTH, AND SHOALING ESTIMATED TO OCCUR BETWEEN THE DATES OF SURVEYS SHOWN ON THE DRAWINGS AND ACTUAL DREDGING. THE CONTRACTOR SHALL NOT PERFORM WORK IN EXCESS OF THE TOTAL ESTIMATED QUANITITY GIVEN FOR EACH CLIN WITHOUT PRIOR APPROVAL OF THE CONTRACTING OFFICER. THE CONTRACTOR SHALL NOTIFY THE CONTRACTING OFFICER AT LEAST ONE WEEK PRIOR TO THE ANTICIPATED DATE THAT THE ESTIMATED QUANTITY MAY
BE EXCEEDED.
(2) ALL BIDS MUST BE FOR THE ENTIRE WORK AND MUST HAVE EACH BLANK SPACE COMPLETED.
(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 OF SECTION 00100. SEE
CLAUSE 52.214-18 PREPARATION OF BIDS--CONSTRUCTION OF SECTION 00100.
(4) THIS LINE ITEM IS FOR BIDDING PURPOSES ONLY. ACTUAL QUANTITIES MAY DIFFER FROM ESTIMATED QUANTITIES.
THIS LINE ITEM IS NOT SUBJECT TO THE VARIATION IN ESTIMATED QUANTITIES CLAUSE, AND PAYMENT WILL ONLY BE
MADE FOR ACTUAL DAYS MONITORING IS PERFORMED.
W912EP-18-B-0014 00010A-1
W912EP-18-B-0014 00010A-2
SECTION 00010A, Attachment A
INSTRUCTIONS FOR 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) No Later Than (NLT) October 26, 2018 (4:00 pm). 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: W912EP-18-B-0014
The Bidder Inquiry Key is: XVC9JG-RB8AF4
Specific Instructions for ProjNet Bid Inquiry Access from ProjNet home page:
1. Identify the Agency. This should be marked as USACE.
2. Email. Enter the email address you would like to use for communication.
3. Key. Enter the Bidder Inquiry Key listed above.
4. 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.
5. 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.
6. 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 from ProjNet home page:
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. Identify the Agency. This should be marked as USACE.
3. Email. Enter the email address you used to register previously in ProjNet.
4. Key. Enter the Bidder Inquiry Key listed above.
5. Click Continue. A page will then open asking you to enter the answer to your Secret Question.
6. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.
k3endjv9 Highlight
W912EP18B0014 00100-i
SECTION 00100 - INSTRUCTIONS TO OFFERORS
52.204-7 System for Award Management OCT 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 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 52.216-1 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
52.225-10 Notice of Buy American Requirement--Construction Materials
MAY 2014
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
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 252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015 252.204-7008 Compliance With Safeguarding Covered Defense
Information Controls
OCT 2016
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
999.204-1 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
AUG 2016
999.209-1 NATIONAL DREDGING QUALITY
MANAGEMENT PROGRAM SYSTEM – SPECIAL
STANDARD OF RESPONSIBILITY
JUL 2010
W912EP18B0014 00100-ii
999.209-4005 SEAGOING BARGE ACT - SPECIAL STANDARD
OF RESPONSIBILITY
MAR 2018
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
W912EP18B0014 00100-1
SECTION 00100 - INSTRUCTIONS TO OFFERORS
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.
(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.
http://www.sam.gov/
W912EP18B0014 00100-2
(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)
52.211-2 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/);
(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 https://www.acquisition.gov/ https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm
W912EP18B0014 00100-3
(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 2016)
(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.
(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--
(i) By signing and returning the amendment;
(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;
(iii) By letter;
(iv) By facsimile, if facsimile bids are authorized in the solicitation; or
(v) By email, if email bids are authorized in the solicitation.
(2) The Government must receive the acknowledgement 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 (DEC 2016)
(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.
W912EP18B0014 00100-4
(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.
(d) 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
W912EP18B0014 00100-5
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.
W912EP18B0014 00100-6
(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)
(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.
W912EP18B0014 00100-7
(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
Dixie County FL. 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.
(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 --
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(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 Dixie County, Florida.
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.
52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS
(MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “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” (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations 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 the clause at FAR 52.225-9 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.
(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 material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
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(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 not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic 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 the clause at FAR 52.225-9 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 the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic 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. (AUG 2018)
(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.
Sensitive technology--
W912EP18B0014 00100-10
(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 https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
(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 https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx
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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 item 7 of the DA Form 4069-R (if this solicitation is for work funded by a non-appropriated funds instrumentality) at the address shown in item 7 of the SF 33, item 7 of the SF 1442, item 9 of the SF 1449, or item 5 of the DA Form 4069-R.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) (ALTERNATE I) (FEB 1995) (CESAJ
ADAPTATION)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for -- Thursday, 18 October 2018 @ 10:00 AM Local Time.
(c) Participants will meet at -- (Location will be provided by the contract administration office via telephone. See (d) below.)
(d) Participants should call Geoffrey Klug at 904-228-2970 or email at Geoffrey.M.Klug@usace.army.mil on or before Wednesday, 17 October 2018 before 5:00 PM Local Time to make arrangements.
(e) Core borings are available. (If available, follow the instructions in the Physical Data paragraph in Section 52.236-4 to make arrangements to inspect the borings. Failure to follow the instructions may result in a delay ranging in duration from one hour to 4 days.)
(f) After the site visit, a memorandum summarizing the visit will be posted to FBO.Gov under the solicitation number. This posting will be strictly for informational purposes only. The memorandum will not become a part of the solicitation. If the solicitation needs to be changed as a result of information obtained during the site visit, a written amendment will be made available to all registered vendors.
Questions regarding any information given in the memorandum must be directed to the person whose name appears in item 9 of the Standard Form 1442.
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
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(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN
2015)
Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:
(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation.
Applies to all solicitations with institutions of higher education.
(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in
222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities--Representations. Applies to solicitations for the acquisition of commercial satellite services.
(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.
(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.
(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]
W912EP18B0014 00100-13
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
X Use with Alternate I.
____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
____ Use with Alternate IV.
____ Use with Alternate V.
(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS Clause
Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls (OCT 2016)
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Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.
(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.
(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--
(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.
(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—
(A) Why a particular security requirement is not applicable; or
(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.
(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.
252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)
(1) Foreign person means any person (including any individual, partnership, corporation, or other form of association) other than a United States person.
(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.
(3) United States person is defined in 50 U.S.C. App. 2415(2) and means--
(i) Any United States resident or national (other than an individual resident outside the United States who is employed by other than a United States person);
(ii) Any domestic concern (including any permanent domestic establishment of any foreign concern); and http://dx.doi.org/10.6028/NIST.SP.800-171
W912EP18B0014 00100-15
(iii) Any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern.
(b) Certification. If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it--
(1) Does not comply with the Secondary Arab Boycott of Israel; and
(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. 2407(a) prohibits a United States person from taking.
HAND-DELIVERING OFFERS TO THE PRUDENTIAL OFFICE BUILDING IN JACKSONVILLE
If the offeror intends to hand-deliver the offer, it must be delivered to the Jacksonville District’s headquarters in the Prudential Office Building, 701 San Marco Blvd, Jacksonville, FL 32207. Access to this building is controlled by security personnel. Visitors requiring access must present a drivers license, current passport, or similar positive identification. Facsimile copies are not acceptable. Security personnel are neither Government employees nor Government contractor employees. For purposes of determining whether an offer is late, delivery into the hands of security personnel will not constitute delivery to the Government. In order to ensure delivery to the Government, persons hand-delivering offers should call the contract specialist whose name appears in the solicitation and ask the specialist to send someone to the security desk to take possession of the offer. Persons hand-delivering offers should take care to arrive at the Prudential Building in sufficient time to permit completion of security requirements and delivery of the offer to the designated office prior to the time set for receipt of offers.
(End of paragraph 999.204-1)
PUBLIC ATTENDANCE AT PUBLIC BID OPENINGS
The Jacksonville District Corps of Engineers is located in the Prudential Office Building at 701 San Marco Blvd., Jacksonville, Florida. The Jacksonville District is a tenant and, as such, must comply with all security requirements imposed by Prudential. Prudential will be implementing a new, computerized “guest pass” system.
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