MMSC Dredging 6 Nov 2021 AMD 0001 Conformed Copy. docx.pdf

This is a Design-Bid-Build project requiring the contractor to dredge the harbor at KANB to support the introduction of four (4) Multi-Mission Surface Combatant Ships (MMSCs).

The Magnitude of Construction is betw een $25,000,000 to $100,000,000.

(a) The Government reserves the right to incorporate the aw ardee proposal into the contract and distribute the proposal as deemed necessary. Any deviations from the proposal must be approved by the Contracting Officer;

(b) The contractor is required to provide all documentation requested in this solicitation (tender) to include Defense Base Act (DBA) Insurance after contract aw ard and prior to Notice to Proceed.

(c) Performance and Payment Bonds (20%) are required for this acquisition.

CARLOSO A ECHOLS 540-665-2688

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

08-Oct-2021

(RFP)

(IFB)

X

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 _______1 calendar days and complete it w ithin ________521 calendar days after receiving aw ard, X notice to proceed. This performance period is X 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 __________2 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________28 Nov 2021 (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 CORPS OF ENGINEERS-CETAM-CT

MIDDLE EAST DISTRICT, CETAM-CT

PO BOX 2250

WINCHESTER VA 22604-1450

W912ER

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 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:

W912ER22R0009 95

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

W912ER22R0009

Section SF 30 - Block 14 Continuation Page (SF 30)

CONTINUATION PAGE

The following items are applicable to this modification:

The purpose of this amendment is to extend the time and date specified for receipt of offers from 12:00 PM, 8 November 2021 to 12:00 PM, Eastern Standard Time, 28 November 2021 and incorporate the following revisions:

The Table of Contents has changed from:

1. APPENDIX A CORRECTION: SECTION 00 10 00 Page 4

ENCLOSURE: B - PERFORMANCE DISTRIBUTION STATEMENT - Removed

ENCLOSURE: C - PRE-A WARD CONTRACTOR RESPONSIBILITY changed to

ENCLOSURE: B - PRE-A WARD/CONTRACTOR RESPONSIBILITY

ENCLOSURE: C - CONTRACTOR RESPONSIBILITY changed to

ENCLOSURE: B - PRE-A WARD/CONTRACTOR RESPONSIBILITY

2. APPENDIX A CORRECTION: SECTION 00 10 00 Page 4

ATTACHMENT 1 - PAST PERFORMANCE OVERVIEW SHEET changed to

ATTACHMENT 1 - PROJECT OVERVIEW SHEET

ATTACHMENT 5 - BID SURETY FORM - Removed

ATTACHMENT 6 - PERFORMANCE SURETY FORM - Removed

ATTACHMENT 7 - PAYMENT SURETY FORM- Removed

ATTACHMENT 8 - ANTI-COLLUSION CERTIFICATION changed to

ATTACHMENT 5 - ANTI-COLLUSION CERTIFICATION

3. Attachment Title Correction: Section 00 21 00 Paragraph 1.10.5, change to (Attachment 6) to (Enclosure A).

4. Volume II shall be submitted electronically and include the following information - Correction: Section 00 21 16, Paragraph 2.1.4

Volume II – Tab A: Standard Form 1442

Volume II – Tab B: Joint Venture Agreements Volume II – Tab C: Evidence of Ability to Obtain Bonding and Proof of Financial Ability Volume II – Tab E: Pre-Award Information/Contractor Responsibility Information

Changed to

Volume II – Tab A: Standard Form 1442 Volume II – Tab B: Proposal Price Breakout Schedule Volume II – Tab C: Joint Venture Agreements Volume II – Tab D: Evidence of Ability to Obtain Bonding and Proof of Financial Ability

4. Instructions to Proposers Correction: Section 00 21 16, Paragraph 4.0

Volume I – Factor 3: Management Approach

Added

a. Organization Management Equal to Subcontractor Management and Contract Management

b. Subcontractor Management Equal to Organization Management and Contract Management

c. Contract Management Equal to Organization Management and Subcontractor Management

5. Volume II – Price and Pro Forma Information – Correction: Section 00 21 16, Paragraph 4.0

Tab D: Pre-Award Information changed to Tab E: Pre-Award/Contractor Responsibility Information.

6. Volume I – Factor 1: Performance Capability - Correction: Section 00 21 16, Paragraph 5.3

5.3 EVALUATION CRITERIA: ADJECTIVAL RATINGS AND DESCRIPTIONS

5.3.1 The Government will evaluate the proposed equipment to determine how well it can dredge the materials identified and how well its production rates meet the dredging requirements.

5.3.2 If the equipment is subcontracted, the government will evaluate the letter of commitment from the subcontractor. If the equipment is leased the government will evaluate the documentation provided to ensure that the equipment will be available for the duration of the project. Greater consideration will be given to equipment (owned, leased, or subcontracted) that has demonstrated successful performance on previous projects of similar size (>1,000,000 Cubic meters) and scope (new dredging within 5km of an existing harbor).

5.3.3 The Government places a higher value on equipment that can dredge greater than 2,500 cubic meters of material per day.

5.3.4 The Government will evaluate the size and operating limits of the equipment to determine if it meets the requirements of dredging in close proximity to existing structures.

5.3.5 The Government will evaluate the proposed equipment to move the dredged material for reclamation and landside transportation as it pertains to the land reclamation areas identified in the drawings and contract documents.

5.3.6 The Government will evaluate the survey plan to determine if it meets the requirement to provide surveys within the time periods indicated in the Specifications Section 35 20 23. A higher rating will be given to plans that provide a letter of commitment from the independent third party surveyor.

Changed to

5.3 EVALUATION CRITERIA: ADJECTIVAL RATINGS AND DESCRIPTIONS

5.3.1 Element 1: Equipment Plan:

The Government will evaluate the proposed equipment to determine how well it can dredge the materials identified and how well its production rates meet the dredging requirements.

5.3.2 If the equipment is subcontracted, the government will evaluate the letter of commitment from the subcontractor. If the equipment is leased the government will evaluate the documentation provided to ensure that the equipment will be available for the duration of the project. Greater consideration will be given to equipment (owned, leased, or subcontracted) that has demonstrated successful performance on previous projects of similar size (>1,000,000 Cubic meters) and scope (new dredging within 5km of an existing harbor).

5.3.3 The Government places a higher value on equipment that can dredge greater than 2,500 cubic meters of material per day.

5.3.4 The Government will evaluate the size and operating limits of the equipment to determine if it meets the requirements of dredging in close proximity to existing structures.

5.3.5 The Government will evaluate the proposed equipment to move the dredged material for reclamation and landside transportation as it pertains to the land reclamation areas identified in the drawings and contract documents.

5.3.6 Element 2: Survey Plan:

The Government will evaluate the survey plan to determine if it meets the requirement to provide surveys within the time periods indicated in the Specifications Section 35 20 23. A higher rating will be given to plans that provide a letter of commitment from the independent third party surveyor.

7. FACTOR 2: PAST PERFORMANCE - Correction: Section 00 21 16, Paragraph 5.4.2

Deleted Subtitle Element 1.

8. Volume I – Factor 3: Management Approach – Correction: Section 00 21 16, Paragraph 5.7

EVALUATION CRITERIA, ADJECTIVAL RATINGS AND DESCRIPTIONS

Deleted 5.7.4 Management Approach.

a. Adjectival ratings are listed and defined above in Table 1, the Combined Technical/Risk Rating table.

These ratings will be used to evaluate consideration of risk in conjunction with the strengths, weaknesses, and deficiencies to determine an overall technical rating for Factor 3, Elements, will not be separately rated.

9. Volume II – Factor 4: Price and Pro Forma Information Correction: Section 00 21 16, Paragraph 5.7.5

Changed to Paragraph 6.0 Volume II – Factor 4: Price and Pro Forma Information

10. Tab A – Standard Form 1442 and Proposal Price Breakout Schedule. Changed to

TAB A – Standard Form 1442 TAB B – Proposal Price Breakout Schedule

11. Paragraph 5.8.1 Changed to Paragraph 6.1

12. Paragraph 5.8.2 Changed to Paragraph 6.2

13. Paragraph 5.9 Changed to 6.3

14. Paragraph 5.9.1 Changed to 6.3.1

15. Paragraph 5.9.2 Changed to 6.3.2

16. Paragraph 5.9.3 Changed to 6.3.3

17. Paragraph 5.9.4 Changed to 6.3.4

18. Paragraph 6.0 Tab B – JOINT VENTURE AGREEMENTS. Changed to Paragraph 7.0 TAB C – Joint Venture Agreements

19. Paragraph 6.1 Changed to Paragraph 7.1

20. Paragraph 6.2 Changed to Paragraph 7.2

21. Paragraph 6.0 Tab D - Evidence of Ability to Obtain Bonding and Proof of Financial Ability Submission Requirements – Correction: Section 00 21 16, Paragraph 6.3

6.3 Tab D - Evidence of Ability to Obtain Bonding and Proof of Financial Ability

6.4 Submission Requirements:

a. Financial Capability. Submit Proof of Financial Ability (Most recent financial statement covering assets and liabilities). Include the name, address and telephone number of firm's banking institution.

b. Bonding Capability. Submit information showing offeror's ability to be bonded for projects up to $1 OM.

Include the name, address and telephone number of the firm's bonding company. Bonding information shall include the offerors current single and aggregate performance and payment bond limits. Bank Letter of Guarantees will not be accepted.

6.5 Evaluation Criteria.

This information will be used for the purpose of completing the Pre-Award Survey and will not be rated.

Changed to:

8.0 Tab D - Evidence of Ability to Obtain Bonding and Proof of Financial Ability

8.1 Submission Requirements.

a. Financial Capability. Submit Proof of Financial Ability (Most recent financial statement covering assets and liabilities). Include the name, address and telephone number of firm's banking institution.

b. Bonding Capability. Submit proof of offeror's ability to obtain acceptable surety in the form of Performance and Payment Bonds, Irrevocable Letters of Credit, or other surety as described in FAR Part 28. The surety bond provider or bank shall attest to the offeror' s ability to obtain bonding or a satisfactory Irrevocable Letter of Credit (ILC) for not less than $3.5 million coverage for the performance period. The contractor will be required to provide a bond or ILC in the amount of 20% of the awarded contract. Acceptable proof of the offeror's ability to obtain acceptable surety includes the following:

(a) a Letter of Commitment from a surety contained on the Department of Treasury Circular 570 list, if performance and payment bonds will be provided; or

(b) a Letter of Commitment from a Federally Insured Financial Institution, if an Irrevocable Letter of Credit (ILC) is contemplated; or

( c) a Statement providing evidence of adequate financial assets in the name of the offeror and a signed statement from an person with authority to bind the offeror that those assets will be available to meet the security requirements for Performance and Payment bonds awarded to the offeror, if a certified check will be provided. Include the name, address and telephone number of the firm's bonding company. Bonding information shall include the offeror's current single and aggregate Performance and Payment bond limits.

NOTE: Bank Letter of Guarantees will not be accepted.

8.2 Evaluation Criteria: This information will be used for the purpose of completing the Pre-Award Survey.

This requirement is not listed as an evaluation factor and will not be rated. However, an offeror that fails to demonstrate satisfactory financial capability to perform the solicitation requirements and provide acceptable proof of their ability to obtain the required surety, will not be eligible for award.

22. Paragraph 7.0 Tab E- Pre- Award Information. Section 00 21 16, Paragraph 7.0 Change to Paragraph 9.0 TAB E - Pre-Award/Contractor Responsibility Information

23. Paragraph 7.1 Changed to Paragraph 9.1

23. Paragraph 7.2 Changed to Paragraph 9.2

24. Paragraph 8.0 NONGOVERNMENT CONTRACTOR INVOLVEMENT Changed to Paragraph 10.0

25. Paragraph 9.0 SOURCE SELECTION ADVISORS Changed to Paragraph 11.0

26. Contractor Responsibility - Correction: Section 00 22 16, Paragraph 10.0, 10.1, and 10.2 Moved to Paragraph

9.0 TAB E – PRE –AWARD/CONTRACTOR’S RESPONSIBILITY INFORMATION, Subparagraph 9.1 Submission Requirements (d)

26. Paragraph 11.0 DEBRIEFING OF UNSUCCESSFUL OFFERORS Changed to Paragraph 12.0

27. Clause 52.211-10 - Correction: Section 00 72 00

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within one (1) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than six hundred and seventy one days (671) from award. The time stated for completion shall include final cleanup of the premises.

The Contractor shall be required to (a) commence work under this contract within one (1) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than five hundred and twenty one days (521) from award. The time stated for completion shall include final cleanup of the premises.

(End of clause)

28. Clause 52.252-2 – Fill-in: Section 00 72 00

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

29. Clause 52.228-15 - Correction: Section 00 73 00, Paragraph 18, (b) (1) and (2).

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award of the contract award shall be 20 percent of the contract price or $2,000,000.00 U. S. Dollars, whichever is less.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award of the contract award shall be 20 percent of the original contract price or $2,000,000.00 U. S. Dollars, whichever is less.

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award of the contract award shall be 20 percent of the contract price or $3,500,000.00 U. S. Dollars, whichever is less.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award of the contract award shall be 20 percent of the original contract price or $3,500,000.00 U. S. Dollars, whichever is less.

30. The Bid Schedule and Cost Breakdown – Replaced in their entirety.

https://www.acquisition.gov/browse/index/far

31. Specifications: Revised sections are replaced in their entirety. Revisions to the specification pages are shown on the pages in the following manner: New text is underlined and deleted text is shown using strikeout. The amendment number appears in the bottom margin on all pages of the new or revised sections.

The following have been revised/added:

Cover Page – Replaced in its entirety to reflect the correct solicitation number.

Table of Contents – replaced in its entirety.

Section 01 33 12.10

Paragraph 3.7.6, Page 20

Section 01 35 26 Paragraph 1.6.1.4, Pages 10-11 Paragraph 1.15, Page 21

Section 01 80 00.50

Paragraph 2.10, seventh Paragraph, Page 6 Paragraph 2.15.2.a.3, Page 8

Section 35 20 23

Paragraph 3.2.1.4.a and c, Page 4

32. Drawings: The following drawings have been revised per this amendment. Revisions are identified by a triangle placed on the drawing near each revision and a "cloud" drawn around both the triangle and change.

G-001 G-011 G-101 G-103

CN-101

CH-301

33. SF 1442, Block 11: The Contract Period of Performance is changed from 671 days to 521 days from Contract award.

34. All other terms and conditions remain unchanged.

SECTION 00 10 00 - SOLICITATION

The contractor period of performance end date has decreased by 150 days from 671 days to 521 days.

Section 00 01 10 - Table of Contents

TABLE OF CONTENTS

SECTION TITLE PAGE

SECTION 00 10 00 STANDARD FORM (SF) 1442 AND CLIN SCHEDULE……………..1-18

SECTION 00 21 00 INSTRUCTIONS………………………………………………………..19-30

SECTION 00 21 16 INSTRUCTIONS TO PROPOSERS……………………………………31-45

SECTION 00 45 00 REPRESENTATIONS AND CERTIFICATIONS……………………..46-61

SECTION 00 72 00 GENERAL CONDITIONS BY REFERENCE AND FULL TEXT……62-85

SECTION 00 73 00 SUPPLEMENTARY CONDITIONS…………………………………..86-95

SPECIFICATIONS: 2021-06-03_ RSNF TUWAIG SHIPS HARBOR DREDGING DESIGN_RTA

SUBMITTAL_SPECIFICATIONS_VOLUME I

2021-06-03_ RSNF TUWAIG SHIPS HARBOR DREDGING DESIGN_RTA

SUBMITTAL_SPECIFICATIONS_VOLUME II

DRAWINGS: RSNF TUWAIG SHIPS HARBOR DREDGING DRAWINGS SA-468097-2

APPENDIX A: SOLICITATION ATTACHMENTS

ENCLOSURE A - CORPORATE CERTIFICATE

ENCLOSURE B – PRE-AWARD/CONTRACTOR RESPONSIBILITY INFORMATION

ATTACHMENT 1- PROJECT OVERVIEW SHEET

ATTACHMENT 2 - PROJECT SUMMARY FORM

ATTACHMENT 3 - PAST PERFORMANCE QUESTIONNAIRE (PPQ)

ATTACHMENT 4 - PROPOSAL SCHEDULE AND COST BREAKDOWN SHEET

ATTACHMENT 5 - ANTI-COLLUSION CERTIFICATION

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization and Demobilization

FFP

Mobilization and Demobilization of all KANB Harbor Dredging project components in accordance with the contract documents.

FOB: Destination

PSC CD: Y1KZ

NET AMT

0002 1 Job Harbor Dredging Area A

FFP

Complete Harbor Dredging Area A work in accordance with the contract documents. Total Price of Items 0002A-0002D.

0003 1 Job Complete Harbor Dredging Area B

FFP

Complete Harbor Dredging Area B work in accordance with the contract documents. Total Price of Items 0003A-0003D.

0004 1 Job Complete Harbor Dredging Area C

FFP

Complete Harbor Dredging Area C work in accordance with the contract documents. Total Price of Items 0004A-0004D.

0005 1 Job Complete Harbor Dredging Area D

FFP

Complete Harbor Dredging Area D work in accordance with the contract documents. Total Price of Items 0005A-0005D.

0006 1 Job Complete all Pre-consolidation work

FFP

Complete all Pre-consolidation work in accordance with the contract documents.

0007 1 Job Construct Dredge Area Fencing

FFP

Construct Dredge Area Fencing in accordance with the contract documents.

0008 1 Job Construct Material Haul and Contractor

FFP

Construct Material Haul and Contractor access road in accordance with the contract documents.

0009 1 Job Relocate Navigational Aids

FFP

Relocate Navigational Aids in accordance with the contract documents.

0010 1 Job Remove Relieving Platform

FFP

Remove Relieving Platform in accordance with the contract documents.

0011 1 Job Place Dredge Material

FFP

Place Dredge Material for future efforts in accordance with the contract documents.

0012 1 Job Construct Dredge Spoils Revetment

FFP

Construct Dredge Spoils Revetment in accordance with the contract documents.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 31-DEC-2021 TO

02-NOV-2023

N/A US ARMY CORPS OF ENGINEERS-

CETAM-CT

CARLOS ESTRELLA

MIDDLE EAST DISTRICT

P.O. BOX 2250

WINCHESTER VA 22604-1450

540.665.6730

W912ER

0002 POP 31-DEC-2021 TO

02-NOV-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 31-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 31-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 31-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 31-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 31-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 31-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 31-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 31-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 31-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 31-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions

SECTION 002100 INSTRUCTIONS

INSTRUCTIONS

1.0 GENERAL INFORMATION

In accordance with Federal Acquisition Regulation (FAR) Subpart 36.3, this solicitation will utilize a Firm-Fixed Price Single Phase Design-Bid-Build contract award of harbor dredging services, to include a pier and wharf in support of foreign military sales requirement in the Kingdom of Saudi Arabia.

ITEM DESCRIPTION

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT REQUIREMENTS

1.3 MAGNITUDE OF CONSTRUCTION

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.5 ACCURACY IN PROPOSALS

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.7 SYSTEM FOR AWARD MANAGEMENT (SAM) OSTS

1.8 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.9 PROPOSAL REQUIREMENTS

1.10 PROPOSAL CONTENT

1.11 PROPOSAL FORMAT

1.12 PROPOSAL SUBMISSION INSTRUCTIONS

1.13 SOLICITATION INQUIRIES

1.14 SOLICITATION PROVISIONS

PROVISIONS BY REFERENCE

52.204-7 SYSTEM FOR AWARD MANAGEMENT

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

52.204-20 PREDECESSOR OF OFFEROR

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY

52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND OTHER THAN

CERTIFIED COST OR PRICING DATA

52.232-13 NOTICE OF PROGRESS PAYMENTS

52.236-28 PREPARATION OF PROPOSALS – CONSTRUCTION

PROVISIONS BY FULL TEXT

52.216-1 TYPE OF CONTRACT

52.233-2 SERVICE OF PROTEST

52.236-27, Alt I SITE VISIT (CONSTRUCTION), ALTERNATE I

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS

252.215-7008 ONLY ONE OFFER

1.1 GENERAL DESCRIPTION OF WORK

The work contemplated under this solicitation includes a Single Phase Firm-Fixed Price (FFP) Design-Bid-Build Construction contract for harbor dredging. The project will dredge of varying depths up to 12 meters, and pier and wharf foundation dredging to 15 meters. Approximate quantities are 2,045,300 cubic meters (2.7M CY). Dredge disposal will be at the same location, with the majority of material requiring to be disposed of approximately 1000 meters away from the dredge areas. Dredge disposal containment will require the construction of a revetment approximately 1200 meters in length. Additionally, a material haul road approximately 8 kilometers in length will need to be constructed to support future construction efforts, and smaller portions of material will be required to be placed landside to support future construction efforts. This is a single-phase solicitation process.

1.2 CONTRACT REQUIREMENTS

The Government intends to award a Firm-Fixed-Price single award contract. The Government will use competitive procedures in making the award. The total period of performance will not exceed 671 days from notice to proceed.

The contractor shall provide all management, administration, quality control, labor, transportation, equipment, materials, vehicles, heavy equipment, supplies and other items as necessary to perform the services contained in the resultant contract.

1.3 CONSTRUCTION MAGINTUDE

1.3.1 The construction magnitude is between $25,000,000 and $100,000,000.

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.4.1 The Solicitation and all amendments will be posted on sam.gov at https://sam.gov. Proposals will be sent via DOD Safe File Exchange. The file exchange will be password protected and the RFP can be downloaded only once. Each offeror participating will receive directions in the SAFE File Exchange email.

1.5 ACCURACY IN PROPOSALS

1.5.1 Proposals must set forth full, accurate, and complete information as required by this RFP (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.6.1 See Section 00 45 00, FAR 52.204-8 for the small business size standard/NAICS Code.

1.7 SYSTEM FOR AWARD MANAGEMENT (SAM)

1.7.1 Offerors must comply with System for Award Management (SAM) registration requirements in FAR Clause 52.2047 and be determined responsible prior to award. For more information, see the SAM website at https://sam.gov/. Please ensure that NAICS Code 237990 – other heavy and Civil Engineering Construction is listed in your SAM registration. Those offerors registering for SAM for purposes of this acquisition are cautioned to be cognizant of the corporate name used for SAM registration purposes.

1.8 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.8.1 The Government will not reimburse any costs incurred or associated with preparation and submission of any responses to this solicitation. Any oral explanations or instructions to offerors if made, are not binding. Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

https://sam.gov/

1.9 PROPOSAL REQUIREMENTS

1.9.1. Offerors shall not modify the terms and conditions of the solicitation in either the non-price (technical) or price proposal or add conditions or qualifications to their offers. Should an offeror include terms and conditions that conflict with the terms and conditions of the solicitation, that offeror may be determined to be ineligible for award.

The offeror should resolve any questions related to specific terms and conditions contained within the solicitation prior to submission of their offer.

1.9.2 References to “confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of an offeror’s technical proposal. Offerors that include information in their proposals they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall clearly mark their proposals in accordance with the instructions at FAR clause 52.215-1, Instructions to Offerors-Competitive Acquisition, paragraph (e), Restriction on Disclosure and Use of Data.

1.9.3. Use of the words “will”, “shall”, or “must” indicates a mandatory requirement. Failure to comply with a mandatory requirement at the time and date for submission of proposals, shall result in an offeror’s proposal being disqualified from consideration for award, unless the Government determines to conduct discussions in accordance with FAR 15.306, thereby providing a means by which appropriate corrections by the offeror(s) involved could be made. Failure to comply with requirements annotated with the words “should” or “may” could result in an unacceptable rating of an offeror’s non-pricing ratings, and may have a significant effect upon an offeror being selected for the contract award. Time periods, if stated as a number of days, are calendar days unless otherwise specified.

1.10 PROPOSAL CONTENT

Offerors are required to submit proposals with at least the minimum content specified herein. A proposal without the minimum content may result in a determination that the proposal is unacceptable. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of an offeror

1.10.1 Cover Page: A cover page shall appear at the beginning of each Volume, at a minimum, shall consist of the following information:

a. Solicitation number

b. Offeror’s name, physical mailing address(es), telephone number, and email address of the official having the authority to bind the offeror contractually

c. Offeror’s DUNS Number, CAGE Code, and Tax ID (TIN), if applicable.

1.10.2 Table of Contents: A table of contents shall be placed in each Volume, which identifies major areas by title and page numbers.

1.10.3 Volume I - Technical Proposal: All information that the offeror intends to be evaluated as part of the non-price (technical) proposal shall be submitted with the non-price proposal. Do not include references to material or information not found within the technical proposal. Referencing information not found within the proposal could lead to an offeror’s proposal being determined unacceptable if materially incomplete in any aspect.

1.10.4 Volume II – Pro Forma Information:

1.10.5 If the offeror is a corporation, include a completed Corporate Certificate, if applicable. (Enclosure A)

1.10.6 If the offeror is a joint venture (JV), include a Corporate Certificate for EACH member of the joint venture AND a copy of the joint venture agreement.

1.10.7 Failure to submit the required information, including the Completed Representation and Certifications (Section 00 45 00), or Corporate Certificate and joint venture agreement (if applicable), may result in a determination that the proposal is non-responsive or unacceptable, and therefore, un-awardable.

1.10.8 If the offeror is submitting a proposal as a JV, the JV agreement shall:

-- Be in English, signed by all parties of the JV Contain a detailed statement outlining the following:

a. The relationship of the JV parties, expressed as percentages and/or other appropriate means, in terms of business ownership, capital contribution, and profit distribution or loss sharing.

b. The management approach of the JV in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the JV and perform the duties necessary to complete the work.

c. The structure of the JV and decision-ranking responsibilities of the JV parties in terms of who will control the manner and method of performance of the work.

d. Identification of the key personnel having authority to legally bind the JV to subcontracts and state who will provide or contract for the labor and materials for the JV.

e. Identification of party maintaining the JV bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the JV.

f. Identification of party furnishing the facilities, such as office supplies and telephone service.

g. Identification of party having overall control of the JV.

h. Contain a statement in the agreement that each member of the JV will be jointly and severally liable for any obligations under the contract.

i. Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual JV parties and identify the party, or hired as employees of the JV.

1.10.9 Offerors shall verify that the information for all forms submitted is current, correct, and complete, including names of points of contact, email addresses, and telephone numbers.

1.10.10 Failure to submit or to completely fill out the solicitation attachments found at Appendix A may result in a determination that the proposal is unacceptable. Therefore, offerors are urged to follow instructions and raise questions through the Bidder Inquiry process (via ProjNet) described herein.

1.10.11 Standard Form 1442 and Price Breakout Schedule.

1.11 PROPOSAL FORMAT

Proposals, including all attachments and supporting documents, must be typed and submitted in English. Proposals submitted in a language other than English will be considered unacceptable. Letters of Intent, licenses, or joint venture agreements, if not written in English, must be accompanied by an English translated copy with a signed statement, in English, by an authorized representative who can bind each partner, that the English translation is true and correct.

1.11.2 Page limits apply to Factor 1, Factor 2 and Factor 3. Each factor’s page limits are discussed in the respective section. The Government will not evaluate any material that exceeds the page limits specified herein.

Corporate certificates, joint venture agreements, and Letters of Intent are also not included in page limitations.

1.11.3 Offerors shall include the following notification on the bottom of each page of their proposals: “Source Selection Information – See FAR 2.101 and 3.104. Do not disclose any source selection information to any unauthorized person.” Proprietary information must be clearly marked.

1.11.4 All information must be confined to the appropriate Volume. The offeror should limit the proposal to the required information sufficient to provide the Government an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of their proposal.

1.11.5 Proposal revisions, if required, shall be submitted as page replacements with revised text readily identifiable, e.g., bold face print or underlining. The source of the revision or amendment, e.g., Error, Omission or Clarification shall be included and be annotated for each revision. Proposal replacement pages shall be numbered and clearly marked “REVISED”, with the date of revision.

1.11.6 Within three (3) days of contract award, the contractor receiving the award shall submit their conformed proposal by DoD SAFE to the points of contact identified herein.

1.12 PROPOSAL SUBMISSION INSTRUCTIONS

1.12.1 ELECTRONIC PROPOSAL SUBMISSION

Proposals: ALL SUBMISSIONS TO THIS PROPOSAL ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY THROUGH DOD SAFE. No paper copies, CD-ROMs or facsimile submissions will be accepted. Electronic Proposal Submission is required through the Army’s Electronic File Sharing Service, DOD SAFE (https://safe.apps.mil). The DOD SAFE Application is used to send large files to individuals that would normally be too large to send via email. There are no user accounts for SAFE. Authentication is handled via email.

Anyone has access to DOD SAFE, and the application is available for use by anyone. The SAFE “Getting Started Guide” has information on how to utilize the system (https://safe.apps.mil/about.php).

Instructions for uploading are as follows:

a. Send an email to the Contract Specialist to receive the link to drop off your proposal. This will need to be completed five (5) business days prior to proposal due date.

• Ms. Carla A. Echols at Carloso.a.echols@usace.army.mil AND

• Ms. Christa L. Proctor at Christa.L.Proctor@usace.army.mil

b. You will receive an email with the link to submit your drop-off. The link will be provided no later than two (2) business days prior to the proposal due date.

c. Short Note to the Recipients: Click the Add Files or Drag and Drop your files. For file description, enter:

W912ER22R0009-FIRM NAME

d. Click Upload button to send documents.

e. Guest users will need to check their email to verify their email address before the recipients will be notified. (Government-issued Common Access Cards (CACs) are not required).

File Size Limitations: Offerors are advised to follow the DOD SAFE instructions for uploading files. DOD SAFE supports delivery up to 8GB. If needed, Offerors are advised to break the files down into smaller sections in order to upload it to the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.

File Naming Convention: To ensure your submission is received and processed appropriately, it is important that mailto:Carloso.a.echols@usace.army.mil mailto:Christa.L.Proctor@usace.army.mil interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

• W912ER22R0009-FIRM NAME-VOLUME I

• W912ER22R0009-FIRM NAME-VOLUME II

Each file name shall begin with the solicitation number followed by the firm’s name and a brief file description.

Please see examples above.

File Organization: Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized (larger page sizes (such as 11x17 fold- outs, etc.) will be counted as two pages. Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors.

Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in each section for each factor.

Upload Completion & Deadline: Interested parties shall submit responses no later than the date specified on the solicitation document. The time & date of proposal receipt will be the upload completion / delivery time &date recorded within DOD SAFE site. Do not assume that electronic submission will occur instantaneously.

Large files (e.g. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process.

Offerors are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 15.208.

Electronic Files: Files shall be in their native format (i.e., doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office or Adobe applications. Data submitted in a spreadsheet format shall be readable by MS Excel (all cells and formulas should be unlocked).

Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of Provision “FAR 52.215-1, Instructions to Offerors – Competitive Acquisition (Jan 2017),” subparagraph (e). The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

1.12.2 Late Proposals

See FAR 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017), paragraph (c)(3)(ii) regarding late submission of proposals, modifications or revisions.

1.13 SOLICITATION INQUIRIES

Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.ProjNet.org/ProjNet. As noted below, offerors shall not submit their proposals via ProjNet.

Offerors shall submit their proposals in accordance with the provisions stated in the solicitation. To submit and review bid inquiry items, bidders will need to be a current registered user or self- register into system.

The Solicitation Number is: W912ER22R0009

The Bidder Inquiry Key is: 6S73PH-BWRV3V

1.13.1 Specific Instructions for ProjNet Bid Inquiry Access:

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

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

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

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

e. Select Continue. A page will then open stating a user account was not found and will ask you to create one using the provided form.

f. 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.

g. Select Add User. Once this is completed, you are now registered within ProjNet and are currently logged into the system.

1.13.2 Specific Instructions for Future ProjNet Bid Inquiry Access:

a. 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.

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

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

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

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

f. Select Continue. A page will then open asking you to enter the answer to your Secret Question.

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

From this page you may view all bidder inquiries or add an inquiry.

Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

Offerors are requested to review the specification in its entirety and to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

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.

Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

NOTES:

a. Offerors shall not submit their proposals via ProjNet, but in accordance with the provisions stated in the solicitation. Any questions regarding acceptable means of submitting offers shall be made directly to the Contract Specialist identified in the solicitation.

b. Government responses to technical inquiries and questions relating to proposal procedures or bonds that are submitted to ProjNet in accordance with the procedures above are not binding on the Government unless an amendment is issued on Standard Form 30. In the case of any conflicts, the solicitation governs.

Any changes or revisions to the solicitation will be made by formal amendment. Government responses will be limited to: (a) Notice that an amendment will be issued; (b) Reference to an existing requirement contained in the solicitation; or (c) Notice that a response is not necessary.

c. The ability to enter technical inquiries and questions relating to proposal procedures or bonds will be disabled ten (10) calendar days prior to the closing date stated in the solicitation. No Government responses will be entered into the ProjNet system within five (5) calendar days prior to the closing date stated in the solicitation.

1.14 SOLICITATION PROVISIONS.

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-34 Submission of Offers in The English Language APR 1991 52.214-35 Submission of Offers in U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.232-13 Notice of Progress Payments APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7004 Antiterrorism Awareness Training for Contractors FEB 2019 252.204-7008 Compliance with Safeguarding Covered Defense

Information Controls

OCT 2016

252-215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

CLAUSES INCORPORATED BY REFERENCE

52.204-22 Alternative Line Item Proposal JAN 2017 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

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

FEB 1999

52.236-28 Preparation of Proposals--Construction OCT 1997 52.247-34 F.O.B. Destination NOV 1991 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(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) 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 SAM;

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

(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) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of 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 SAM.

(c) If the Offeror does not have a unique entity…