W912EQ-16-B-0004-SOLICITATION.pdf

HARBOR DREDGING-VICINITY OF MCKELLAR LAKE HARBOR, MEMPHIS, TN (MILE 725 AHP)

The project consist of making or enlarging dredge cuts, construction of f ills, construction of new harbor channels and dredging in various channels and harbors. The Contractor shall deliver the dredge and attendant plant ready for operation in the vicinity of McKellar Lake Harbor, Memphis, TN (Mile 725 AHP), or to any other w ork site as may be directed. The dredge shall be not less than 24-inch nominal diameter discharge and have a manufacturer’s horsepow er rating for continuous operation of not less than 3,200 brake horsepow er.

Dredges larger than 29-inch will be considered, however, the estimated output w ill be based on the quantity shown for a 29- inch dredge.The total estimated value of this project will be a ceiling value Not to Exceed (NTE) $19,200,000.The supplies or services to be procured in this solicitation are classified under NAICS 237990.

This project w ill be Unrestricted Procurement w ith Hubzone Price Evaluation Preference

X

JUDY E STALLION 901-544-0776

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-May-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 w ithin _______21 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________21 Jun 2016 (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) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY ENGINEER DISTRICT, MEMPHIS

167 N MAIN STREET B202

MEMPHIS TN 38103-1894

W912EQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:30 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:

W912EQ-16-B-0004 272

HARBOR DREDGING Page 1 of 272 W912EQ-16-B-0004

B1CORJES

Typewritten Text x

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

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

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

HARBOR DREDGING Page 2 of 272 W912EQ-16-B-0004

SUPPLIES OR SERVICES PRICE

BIDDING SCHEDULE

HARBOR DREDGING

ITEM NO SUPPLIES/SERVICES

LOT ONE-BASE YEAR

RENTAL OF ONE FULLY OPERATED HYDRAULIC DREDGE WITH 24-

INCH ID PUMP DISCHARGE AND ATTENDANT DREDGE PLANT

INCLUDING PIPELINE

QUANTITY UNIT UNIT PRICE AMOUNT ITEM NO SUPPLIES/SERVICES

0001AA FIRST 2091 HOURS 2,091 Hours

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AB ALL OVER 2091

HOURS

697 Hours

ITEM NO SUPPLIES/SERVICES

RENTAL OF DREDGE AND ATTENDANT PLANT

WHEN DREDGING IN THE STATE OF MISSOURI BASED ON MISSOURI

WAGES

QUANTITY UNIT UNIT PRICE AMOUNT ITEM NO SUPPLIES/SERVICES

0002AA FIRST 614 HOURS 614 Hours

ITEM NO SUPPLIES/SERVICES

UPSTREAM TOWING OF DREDGE AND ATTENDANT

PLANT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003AA FIRST 170 MILES 170 Miles

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003AB ALL OVER 170

MILES

100 Miles

HARBOR DREDGING Page 3 of 272 W912EQ-16-B-0004

ITEM NO SUPPLIES/SERVICES

DOWNSTREAM TOWING OF DREDGE AND

ATTENDANT PLANT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004AA FIRST 170 MILES 170 Miles

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004AB ALL OVER 170

MILES

100 Miles

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 MOBILIZATION AND

DEMOBILIZATION

1 Job

TOTAL LOT ONE-BASE YEAR $ _______________

HARBOR DREDGING Page 4 of 272 W912EQ-16-B-0004

LOT TWO-BASE YEAR

RENTAL OF ONE FULLY OPERATED HYDRAULIC DREDGE WITH 27-

INCH ID PUMP DISCHARGE AND ATTENDANT DREDGE PLANT

INCLUDING PIPELINE

QUANTITY UNIT UNIT PRICE AMOUNT ITEM NO SUPPLIES/SERVICES

0006AA FIRST 1654 HOURS 1,654 Hours

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006AB ALL OVER 1654

HOURS

551 Hours

ITEM NO SUPPLIES/SERVICES

RENTAL OF DREDGE AND ATTENDANT PLANT

WHEN DREDGING IN THE STATE OF MISSOURI BASED ON MISSOURI

WAGES

QUANTITY UNIT UNIT PRICE AMOUNT ITEM NO SUPPLIES/SERVICES

0007AA FIRST 486 HOURS 486 Hours

ITEM NO SUPPLIES/SERVICES

UPSTREAM TOWING OF DREDGE AND ATTENDANT

PLANT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008AA FIRST 170 MILES 170 Miles

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008AB ALL OVER 170

MILES

HARBOR DREDGING Page 5 of 272 W912EQ-16-B-0004

DOWNSTREAM TOWING OF DREDGE AND

ATTENDANT PLANT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009AA FIRST 170 MILES 170 Miles

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009AB ALL OVER 170

MILES

100 Miles

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 MOBILIZATION AND

DEMOBILIZATION

1 Job

TOTAL LOT TWO-BASE YEAR $_______________________

HARBOR DREDGING Page 6 of 272 W912EQ-16-B-0004

LOT THREE-BASE YEAR

RENTAL OF ONE FULLY OPERATED HYDRAULIC DREDGE WITH 29-

INCH ID PUMP DISCHARGE AND ATTENDANT DREDGE PLANT

INCLUDING PIPELINE

QUANTITY UNIT UNIT PRICE AMOUNT ITEM NO SUPPLIES/SERVICES

0011AA FIRST 1432 HOURS 1,432 Hours

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011AB ALL OVER 1432

HOURS

478 Hours

ITEM NO SUPPLIES/SERVICES

RENTAL OF DREDGE AND ATTENDANT PLANT

WHEN DREDGING IN THE STATE OF MISSOURI BASED ON MISSOURI

WAGES

QUANTITY UNIT UNIT PRICE AMOUNT ITEM NO SUPPLIES/SERVICES

0012AA FIRST 421 HOURS 421 Hours

ITEM NO SUPPLIES/SERVICES

UPSTREAM TOWING OF DREDGE AND ATTENDANT

PLANT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013AA FIRST 170 MILES 170 Miles

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013AB ALL OVER 170

MILES

HARBOR DREDGING Page 7 of 272 W912EQ-16-B-0004

DOWNSTREAM TOWING OF DREDGE AND

ATTENDANT PLANT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014AA FIRST 170 MILES 170 Miles

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014AB ALL OVER 170

MILES

100 Miles

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 MOBILIZATION AND 1 Job

DEMOBILIZATION

TOTAL LOT THREE- BASE YEAR $______________

HARBOR DREDGING Page 8 of 272 W912EQ-16-B-0004

LOT ONE-OPTION YEAR ONE

RENTAL OF ONE FULLY OPERATED HYDRAULIC DREDGE WITH 24-

INCH ID PUMP DIISCHARGE AND ATTENDANT DREDGE PLANT

INCLUDING PIPELINE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001AA FIRST 1495 HOURS 1,495 Hours

OPTION

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001AB ALL OVER 1495 805 Hours

OPTION HOURS

ITEM NO SUPPLIES/SERVICES

RENTAL OF DREDGE AND ATTENDENT PLANT

WHEN DREDGING IN THE STATE OF MISSOURI BASED ON MISSOURI

WAGES

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002AA FIRST 593 HOURS 593 Hours

OPTION

ITEM NO SUPPLIES/SERVICES

UPSTREAM TOWING OF DREDGE AND ATTENDANT

PLANT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003AA FIRST 170 MILES 170 Miles

OPTION

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003AB ALL OVER 170 100 Miles

OPTION MILES

HARBOR DREDGING Page 9 of 272 W912EQ-16-B-0004

DOWNSTREAM TOWING OF DREDGE AND

ATTENDANT PLANT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1004AA FIRST 170 MILES 170 Miles

OPTION

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1004AB ALL OVER 170 100 Miles

OPTION MILES

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1005 MOBILIZATION AND 1 Job

OPTION DEMOBILIZATION

TOTAL LOT ONE-OPTION YEAR ONE $________________

HARBOR DREDGING Page 10 of 272 W912EQ-16-B-0004

LOT TWO-OPTION YEAR ONE

RENTAL OF ONE FULLY OPERATED HYDRAULIC DREDGE WITH 27-

INCH ID PUMP DISCHARGE AND ATTENDANT DREDGE PLANT

INCLUDING PIPELINE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1006AA FIRST 1182 HOURS 1,182 Hours

OPTION

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1006AB ALL OVER 1182 637 Hours

OPTION HOURS

ITEM NO SUPPLIES/SERVICES

RENTAL OF DREDGE AND ATTENDANT PLANT

WHEN DREDGING IN THE STATE OF MISSOURI BASED ON MISSOURI

WAGES

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1007AA FIRST 469 HOURS 469 Hours

OPTION

ITEM NO SUPPLIES/SERVICES

UPSTREAM TOWING OF DREDGING AND ATENDANT

PLANT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1008AA FIRST 170 MILES 170 Miles

OPTION

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1008AB ALL OVER 170 100 Miles

HARBOR DREDGING Page 11 of 272 W912EQ-16-B-0004

DOWNSTREAM TOWING OF DREDGE AND

ATTENDANT PLANT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1009AA FIRST 170 MILES 170 Miles

OPTION

1009AB ALL OVER 170 100 Miles

1010 MOBILIZATION AND 1 Job

OPTION DEMOBILIZATION

TOTAL LOT-TWO OPTION YEAR ONE $_________________

HARBOR DREDGING Page 12 of 272 W912EQ-16-B-0004

LOT THREE-OPTION YEAR ONE

RENTAL OF ONE FULLY OPERATED HYDRAULIC DREDGE WITH 29-

INCH ID PUMP DISCHARGE AND ATTENDANT DREDGE PLANT

INCLUDING PIPELINE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1011AA FIRST 1024 HOURS 1,024 Hours

OPTION

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1011AB ALL OVER 1024 HRS 552 Hours

OPTION

ITEM NO SUPPLIES/SERVICES

RENTAL OF DREDGE AND ATTENDANT PLANT

WHEN DREDGING IN THE STATE OF MISSOURI BASED ON MISSOURI

WAGES

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1012AA FIRST 406 HOURS 406 Hours

OPTION

ITEM NO SUPPLIES/SERVICES

UPSTREAM TOWING OF DREDGE AND ATTENDANT

PLANT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1013AA FIRST 170 MILES 170 Miles

OPTION

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1013AB ALL OVER 170 MI 100 Miles

HARBOR DREDGING Page 13 of 272 W912EQ-16-B-0004

DOWNSTREAM TOWING OF DREDGE AND

ATTENDANT PLANT

1014AA FIRST 170 MILES 170 Miles

1014AB ALL OVER 170 MI 100 Miles

1015 MOBILIZATION AND 1 Job

OPTION DEMOBLIZATION

TOTAL LOT THREE-OPTION YEAR ONE $______________

HARBOR DREDGING Page 14 of 272 W912EQ-16-B-0004

Section 00100 - INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

SECTION 00100

CONDITIONS AND NOTICES TO BIDDERS

A. BIDDING MATERIAL – Copies of the Solicitation, Specifications, and drawings forms are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the (FedBizOpps) website at: https://www.fbo.gov. Prospective Bidders should submit technical questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet. (See Paragraph M Below). All other inquiries should be emailed to the

Contract Specialist, Judy.E.Stallion@usace.army.mil.

BID DOCUMENTS: The following documents must be submitted with a bid:

1. SF 1442, Solicitation, Offer and Award

2. Schedule of bids/prices

3. Representations and Certifications (Section 00600)

4. All amendments must be acknowledged

5. Bid Bond (Standard Form 24), if over $150,000

B. SITE VISITS – Bidders should inspect the job site prior to submitting a bid. Site Visits may be coordinated by mail or telephone (COLLECT CALLS NOT ACCEPTED) between the hours of 7:30 AM and 3:00 PM, exclusive of Federal holidays. The point of contact to schedule a site visit for this Invitation for Bids will vary depending on location of each task order. Wade

Channell at (901) 544-3764 or email Stephen.W.Channell@usace.army.mil. There will be no organized site visits prior to the public opening of bids. See Section 00100, clause 52.236-27, entitled “Site Visit (Construction)”.

C. CONDITIONS AFFECTING THE WORK - Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve bidders from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications or related documents. See Section 00700, clause 52.236-3, entitled “Site Investigation and

Conditions Affecting the Work”.

D. PUBLIC OPENING OF BIDS - Bids will be publicly opened at the time set for opening in the Invitation for Bids. Their content will be made public for the information of bidders and others interested, who may be present. As soon as practicable after bid opening, an abstract of bids will be available through our web page at: www.fbo.gov under Bid Results.

HARBOR DREDGING Page 15 of 272 W912EQ-16-B-0004 https://www.fbo.gov/ http://www.projnet.org/projnet mailto:Judy.E.Stallion@usace.army.mil mailto:Stephen.W.Channell@usace.army.mil http://www.fbo.gov/

E. BIDDER'S ADDRESS - Prospective bidders should indicate in the offer, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the bidder on Standard Form 1442 Block 14.

F. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS - The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Invitation for Bids. If the revisions and amendments are of a nature which requires material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids. See Section 00100, clause 52.214-3, “Amendments to Invitations for Bids”.

G. NOTICE TO BIDDERS - NINETY DAY OFFER GUARANTEE (See SF 1442 Block 13d)

H. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS

SOLICITATION -

(1) Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows: 52.252-

2.

(2) Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows: 252.204-7000.

(3) Army Federal Acquisition Regulation Supplement (AFARS), provisions/clauses are numbered as follows: 5152.237-9000.

(4) USACE Acquisition Instruction (UAI) provisions/clauses are numbered as follows: 52.249-

5000.

I. REQUIRED SYSTEM FOR AWARD MANAGEMENT REGISTRATION - By submission of a bid, the bidder acknowledges the requirement that a prospective awardee must be registered in the SAM database prior to award, during performance, and through final payment of any contract resulting from this solicitation. Lack of registration in the SAM database will make a bidder ineligible for award. Bidders and contractors may obtain information on registration and annual confirmation requirements by calling 1-866-606-8220, or at: http://www.sam.gov See

Section 00700, clause 252.204-7004 Alt A, “System for Award Management”.

J. BIDDER’S QUALIFICATIONS - To establish its responsibility, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources

(including recent financial statements or audits), plant available to be used in performing the work and, if applicable, an approved sub-contracting plan in accordance with FAR 9.104-1. All

HARBOR DREDGING Page 16 of 272 W912EQ-16-B-0004 http://www.sam.gov/ documents relevant to establish a bidder’s responsibility shall be made available as soon as practicable after bid opening; but, not later than 3 days after request by the Contracting Officer or the authorized Representative of the Contracting Officer.

K. NOTICE OF BONDS AND INSURANCE - The following bid/contract information is applicable only if the bid/contract is over one hundred fifty thousand dollars ($150,000):

(1) BID BONDS: This is applicable only if proposal is over one hundred fifty thousand dollars ($150,000). Each bidder shall submit with his bid a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government in the form of twenty percent

(20%) of the bid price or three million dollars ($3,000,000) whichever is lesser. The bid bond penalty may be expressed in terms of a percentage or may be expressed in dollars and cents. See

Section 00700, clause 52.228-1, entitled “Bid Guarantee”.

(2) PERFORMANCE BONDS. The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of contract award. See Section 00700, clause 52.228-15, entitled “Performance and

Payment Bonds – Construction”.

(3) PAYMENT BONDS: Within ten (10) days after receipt of contract award to the bidder whom award is made, one (1) bond, with good and sufficient surety or sureties acceptable to the Government, shall be furnished; namely a Payment Bond (Standard Form 25A). The penal amount of such bonds shall equal one hundred percent (100%) of the contract price. See Section

00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction”.

(4) INSURANCE: The accepted bidder shall provide adequate insurance, within ten (10) days after receipt of contract award. See Section 00800, entitled Insurance Requirements and

Section 00 80 00.00 11, Special Contract Requirements --- Additional Insurance References.

L. POST AWARD SUBMITTAL REQUIREMENTS - Within ten (10) days after receipt of contract award, the contractor shall submit an acceptable performance bond, payment bond and certificate of insurance. Within fifteen (15) days after receipt of notice of award, the contractor shall provide an approved Accident Prevention Plan, Environmental Protection Plan and Quality

Control Plan. (See Sections 00 80 00.00 11, 01 57 20.00 11, and 01 45 04.00 11) Within ten

(10) days prior to commencement of work under this contract, the contractor shall submit to the

Contracting Officer’s Chief of Security, a list of all Personnel, Vehicles and Equipment that may be used during the construction work under this contract. (See Sections 00800)

M. PROJNET BIDDER INQUIRY

1. Prospective Bidders should submit questions concerning this Invitation for Bid via Bidder

Inquiry in ProjNet at www.projnet.org/projnet.

A. To submit and review inquiry items, prospective bidders will need to use the Bidder

Inquiry Key presented below and follow the instructions listed below the key for access.

A prospective bidder who submits a comment /question will receive an

HARBOR DREDGING Page 17 of 272 W912EQ-16-B-0004 http://www.projnet.org/projnet acknowledgement of their comment/question via email. Another email to the same address will notify the prospective bidder once the reply is available for viewing.

B. The Solicitation Number is: W912EQ-16-B-0004

The Bidder Inquiry Key is: K3ERCP-879UQY

C. Specific Instructions for First Time ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and

Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

D. Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret

Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

2. The Bidder Inquiry System will be unavailable for new inquires Seven (7) business days prior to bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Bidders are requested to review the specification in its entirety, review the Bidder Inquiry

System for answers to questions prior to submission of a new inquiry.

HARBOR DREDGING Page 18 of 272 W912EQ-16-B-0004

4. 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.

5. Oral explanations or instructions are not binding. Any information given to a bidder/offeror which impacts the bid/offer will be given in the form of a written amendment to the solicitation.

HARBOR DREDGING Page 19 of 272 W912EQ-16-B-0004

BID DATA SHEET

Bid Data Sheet for Lease of One Cutterhead, Hydraulic, Pipeline Dredge, Fully Operated, with

Attendant Plant - Mississippi River and Harbors Dredge.

U.S. Army Corps of Engineers, Memphis District

167 North Main Street, B202

Memphis TN 38103-1894

In compliance with the above Invitation for Bids, the undersigned hereby proposes to furnish, deliver, and operate the following plant in strict accordance with the attached specifications:

One Cutterhead Hydraulic Pipeline Dredge and Attendant Plant with the following characteristics:

DREDGE NAME or NUMBER:________________________________________

a. Hull length (feet)

b. Draft (feet)

c. Length of dredge spuds (feet)

d. Maximum and Minimum dredging depth (feet)

e. Maximum effective dredge swing (feet)

f. Ladder length (feet)

g. Cutter motor, brake horsepower (hp)

DISCHARGE SIZE:

a. Discharge line, inside diameter (inches)

b. Pump discharge, inside diameter (inches)

MAIN ENGINE: Continuous brake horsepower applied to pump impeller (hp)

Model and Serial # _____________________________________

ATTENDANT PLANT:

Derrick Barge - Type

Dimensions - length, width, draft (feet)

Boom length (feet)

Crane Barge - Type

Dimensions - length, width, draft (feet)

Boom length (feet)

Spill Barge Dimensions - length, width, draft (feet)

HARBOR DREDGING Page 20 of 272 W912EQ-16-B-0004

Fuel Barge Dimensions - length, width, draft (feet)

BULLDOZERS (2) DOZER NO.1 DOZER NO.2

Make

Model

Bid Data Sheet for Lease of One Cutterhead, Hydraulic, Pipeline Dredge, Fully Operated, with

Attendant Plant - Mississippi River and Harbors Dredge.

TENDERS (3)

Tender No.1

Name PROPELLING

Year Built ENGINES: PORT STBD

HULL: Make

Length (feet) Model

Molded Beam (feet) Serial No

Draft (feet) Brake HP

Tender No.2

Year Built ENGINES: PORT STBD

HULL: Make

Length (feet) Model

Tender No.3

Year Built ENGINES: PORT STBD

HULL: Make

Length (feet) Model

SURVEY/CREW BOAT (1)

Dimensions - length, width, draft (feet)

HARBOR DREDGING Page 21 of 272 W912EQ-16-B-0004

OUTBOARD MOTORS (3) Motor 1 Motor 2 Motor 3

Horsepower

The plant was last operated at (location), in

(month/year).

The plant may be inspected at

(location).

The plant offered is owned by

HARBOR DREDGING Page 22 of 272 W912EQ-16-B-0004

TABLE OF CONTENTS

52.204-7 System for Award Management JUL 2013

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

52.222-23

Construction Wage Rate Requirements--Secondary Site of the

Work

Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

MAY 2014

FEB 1999

52.225-12 Notice of Buy American Requirement--Construction Materials

Under Trade Agreements

MAY 2014

52.233-2 Service Of Protest SEP 2006

52.236-27 Site Visit (Construction) FEB 1995

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

HARBOR DREDGING Page 23 of 272 W912EQ-16-B-0004

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

(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.

HARBOR DREDGING Page 24 of 272 W912EQ-16-B-0004

(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)

52.214-3 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.

(End of provision)

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.

(End of provision)

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.

HARBOR DREDGING Page 25 of 272 W912EQ-16-B-0004 https://www.acquisition.gov/

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

(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.

(End of provision)

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 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.

HARBOR DREDGING Page 26 of 272 W912EQ-16-B-0004

(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.

(End of provision)

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.

(End of provision)

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.

(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.

HARBOR DREDGING Page 27 of 272 W912EQ-16-B-0004

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 Indefinite Delivery Indefinite Quantity 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.

(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.

HARBOR DREDGING Page 28 of 272 W912EQ-16-B-0004

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

Non-SMSA Counties

16.4

6.9

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract

Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to

Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract

Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Economic Area 111, Little Rock-North Little Rock, AR, as follows:

Non-SMSA Counties..................................................................16.4

HARBOR DREDGING Page 29 of 272 W912EQ-16-B-0004

AR Arkansas; AR Ashley; AR Bradley; AR Calhoun; AR Chicot; AR Clark, AR Cleburne, AR Cleveland; AR Conway; AR Dallas; AR Desha, AR Drew;

AR Faulkner; AR Fulton; AR Garland; AR Grant, AR Hot Springs;

AR Independence, AR Izard; AR Jackson; AR Johnson; AR Lincoln;

AR Lonoke; AR Monroe; AR Montgomery; AR Ouachita; AR Perry;

AR Pope, AR Prairie; AR Sharp; AR Stone; AR Union; AR Van Buren;

AR White, AR Woodruff; AR Yell.

Goals for minority participation for each trade

Goals for female

Non-SMSA Counties 5.2 6.9

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Economic Area 056, Paducah, KY, as follows:

Non-SMSA Counties..................................................................5.2

IL Hardin; IL Massac; IL Pope; KY Ballard; KY Caldwell; KY Calloway;

KY Carlisle; KY Crittenden; KY Fulton; KY Graves; KY Hickman;

KY Livingston; KY Lyon; KY McCracken; KY Marshall

Goals for female

Non-SMSA Counties

11.4

6.9

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Economic Area 107, St. Louis, MO, as follows:

Non-SMSA Counties...........................................................................11.4

IL Alexander, IL Bond; IL Calhoun, IL Clay, IL Effingham, IL Fayette;

IL Franklin; IL Greene, IL Jackson; IL Jasper; IL Jefferson, IL Jersey;

IL Johnson; IL Macoupin; IL Marion; IL Montgomery; IL Perry, IL Pulaski; IL Randolph; IL Richland; IL Union; IL Washington;

IL Wayne; IL Williamson; MO Bollinger; MO Butler; MO Cape Girardeau;

MO Carter; MO Crawford; MO Dent; MO Gasconade; MO Iron;

MO Lincoln; MO Madison; MO Maries; MO Mississippi;

MO Montgomery; MO Perry; MO Phelps; MO Reynolds; MO Ripley;

MO St. Francis; MO Ste. Genevieve; MO Scott; MO Stoddard;

MO Warren; MO Washington; MO Wayne

HARBOR DREDGING Page 30 of 272 W912EQ-16-B-0004

Goals for female participation for each trade

SMSA Counties 32.3

Non-SMSA Counties 26.5

6.9

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Economic Area 055, Memphis, TN, as follows:

SMSA Counties:

4920 Memphis, TN-AR-MS------------------------------------------------32.3

AR Crittenden; MS DeSoto, TN Shelby, TN Tipton

Non-SMSA Counties.........................................................................26.5

AR Clay; AR Craighead; AR Cross, AR Greene; AR Lawrence; AR Lee, AR Mississippi; AR Phillips, AR Poinsett; AR Randolph; AR St. Francis;

MS Alcorn; MS Benton; MS Bolivar; MS Calhoun; MS Carroll;

MS Chickasaw; MS Clay; MS Coahoma; MS Grenada; MS Itawamba;

MS Lafayette; MS Lee; MS Leflore; MS Marshall; MS Monroe;

MS Montgomery; MS Panola; MS Pontotoc; MS Prentiss; MS Quitman;

MS Sunflower; MS Tallahatchie; MS Tate; MS Tippah; MS Tishomingo;

MS Union; MS Washington; MS Webster; MS Yalobusha; MO Dunklin;

MO New Madrid; MO Pemiscot, TN Benton; TN Carroll, TN Chester;

TN Crockett; TN Decator; TN Dyer; TN Fayette, TN Gibson; TN Hardeman

TN Hardin; TN Haywood; TN Henderson; TN Henry;TN Lake;

TN Lauderdale; TN McNairy; TN Madison; TN Obion;

TN Weakley.

(End of provision)

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.

(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.

HARBOR DREDGING Page 31 of 272 W912EQ-16-B-0004

(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…