SOLICITATION_W912ES-14-B-0004.pdf

W81G6740035467

Mechanical Dredging, Mississippi and Minnesota Rivers, Minnesota, Wisconsin, Iow a, Illinois, and Missouri.

Work consists of, but is not limited to, furnishing all plant, labor, material, and equipment necessary for dredging w ith a backhoe, dragline, or other mechanical equipment on marine plant, and transporting dredged material to designated placement site.

This solicitation is issued as an Invitation for Bids (IFB) and is 100% set-aside for small business concerns. The solicitation w ill result in an Indefinite Delivery Indefinite Quantity (IDIQ) type contract consisting of a base period and four option periods. The estimated price range for the base period is betw een $1 million and $5 million. The appropriate NAICS code for this procurement is 237990 (dredging) w ith a small business size standard of $25,500,000.

X

LISA A DRAVES 651-290-5614

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

07-Mar-2014

(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 _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.216-22

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 __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________08 Apr 2014 (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

CONTRACTING DIVISION

USACE - ST PAUL

180 5TH STREET EAST

SUITE 700

ST. PAUL MN 55101-1678

W912ES

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

651-290-5706FAX:TEL: TEL: FAX:

W912ES-14-B-0004 167

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

W912ES-14-B-0004

TABLE OF CONTENTS

SECTION 00 01 00 ‐ SOLICITATION CONTRACT FORM

NOTES TO BIDDERS

BID SCHEDULE

SECTION 00 10 00 ‐ BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

52.209‐4001 BIDDER'S QUALIFICATIONS (APR 1984) FAR 9.105‐1

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)

52.214‐4001 INQUIRIES ‐ BID INFORMATION

52.214‐4002 ALL OR NONE QUALIFICATIONS (FEB 2011) FAR 14.404‐5

52.216‐1 TYPE OF CONTRACT (APR 1984)

52.217‐5 EVALUATION OF OPTIONS (JUL 1990)

52.222‐5 DAVIS‐BACON ACT‐‐SECONDARY SITE OF THE WORK (JUL 2005)

52.222‐23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.222‐38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (SEP 2010)

52.225‐12 NOTICE OF BUY AMERICAN ACT REQUIREMENT‐‐ CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (FEB 2009)

52.233‐2 SERVICE OF PROTEST (SEP 2006)

52.252‐1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

SECTION 00 60 00 ‐ REPRESENTATIONS & CERTIFICATIONS

52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JULY 2013)

52.209‐7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

252.203‐7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

SECTION 00 70 0 ‐ CONTRACT CLAUSES

52.228‐15 PERFORMANCE AND PAYMENT BONDS‐‐CONSTRUCTION (OCT 2010)

52.202‐1 DEFINITIONS (NOV 2013)

52.203‐3 GRATUITIES (APR 1984)

52.203‐5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

52.203‐6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203‐7 ANTI‐KICKBACK PROCEDURES. (OCT 2010)

52.203‐8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN

1997)

52.203‐10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

52.203‐12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

52.203‐13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

52.203‐14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

52.203‐17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (SEP 2013)

52.204‐4 PRINTED OR COPIED DOUBLE‐SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

52.204‐7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

52.204‐10 REPORTING EXECUTIVE COMPENSATION AND FIRST‐TIER SUBCONTRACT AWARDS (JULY 2013)

52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

52.209‐6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013)

52.209‐9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013) 50

52.210‐1 MARKET RESEARCH (APR 2011)

52.211‐10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

52.214‐26 AUDIT AND RECORDS‐‐SEALED BIDDING (OCT 2010)

52.216‐18 ORDERING. (OCT 1995)

52.216‐19 ORDER LIMITATIONS. (OCT 1995)

52.216‐22 INDEFINITE QUANTITY. (OCT 1995)

52.219‐6 NOTICE OF TOTAL SMALL BUSINESS SET‐ASIDE (NOV 2011)

52.219‐8 UTILIZATION OF SMALL BUSINESS CONCERNS (JULY 2013)

52.219‐14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

52.219‐28 POST‐AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

52.222‐6 DAVIS‐BACON ACT (JUL 2005)

52.222‐7 WITHHOLDING OF FUNDS (FEB 1988)

52.222‐8 PAYROLLS AND BASIC RECORDS (JUN 2010)

52.222‐9 APPRENTICES AND TRAINEES (JUL 2005)

52.222‐10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222‐11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

52.222‐12 CONTRACT TERMINATION‐‐DEBARMENT (FEB 1988)

52.222‐13 COMPLIANCE WITH DAVIS‐BACON AND RELATED ACT REGULATIONS (FEB 1988)

52.222‐14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222‐15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

52.222‐21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

52.222‐26 EQUAL OPPORTUNITY (MAR 2007)

52.222‐27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999)

52.222‐30 DAVIS‐BACON ACT‐‐PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (DEC 2001) .. 72

52.222‐35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010)

52.222‐36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)

52.222‐37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010)

52.222‐40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

52.222‐50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

52.222‐54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013)

52.223‐2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEP 2013)

52.223‐6 DRUG‐FREE WORKPLACE (MAY 2001)

52.223‐9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA‐DESIGNATED ITEMS (MAY 2008)

52.223‐11 OZONE‐DEPLETING SUBSTANCES (MAY 2001)

52.223‐17 AFFIRMATIVE PROCUREMENT OF EPA‐DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS (MAY 2008)

52.223‐18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) 52.225‐11 BUY AMERICAN ACT‐‐CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV 2013)

52.225‐13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227‐1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227‐2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

52.227‐4 PATENT INDEMNITY‐‐CONSTRUCTION CONTRACTS (DEC 2007)

52.228‐1 BID GUARANTEE (SEP 1996)

52.228‐2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228‐11 PLEDGES OF ASSETS (JAN 2012)

52.228‐12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (OCT 1995)

52.228‐14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

52.229‐3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232‐5 PAYMENTS UNDER FIXED‐PRICE CONSTRUCTION CONTRACTS (SEP 2002)

52.232‐17 INTEREST (OCT 2010)

52.232‐23 ASSIGNMENT OF CLAIMS (JAN 1986) ‐ ALTERNATE I (APR 1984)

52.232‐27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JULY 2013)

52.232‐33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT (JULY 2013) 110

52.232‐39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.233‐1 DISPUTES. (JUL 2002)

52.233‐3 PROTEST AFTER AWARD (AUG. 1996)

52.233‐4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236‐2 DIFFERING SITE CONDITIONS (APR 1984)

52.236‐3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236‐4 PHYSICAL DATA (APR 1984)

52.236‐5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236‐6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236‐7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236‐8 OTHER CONTRACTS (APR 1984)

52.236‐9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

52.236‐10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236‐11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236‐12 CLEANING UP (APR 1984)

52.236‐13 ACCIDENT PREVENTION (NOV 1991)

52.236‐16 QUANTITY SURVEYS (APR 1984)

52.236‐17 LAYOUT OF WORK (APR 1984)

52.236‐21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236‐26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242‐13 BANKRUPTCY (JUL 1995)

52.242‐14 SUSPENSION OF WORK (APR 1984)

52.243‐4 CHANGES (JUN 2007)

52.244‐6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2013)

52.246‐12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.248‐3 VALUE ENGINEERING‐‐CONSTRUCTION (OCT 2010)

52.249‐2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED‐PRICE) (APR 2012)

52.249‐10 DEFAULT (FIXED‐PRICE CONSTRUCTION) (APR 1984)

52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.253‐1 COMPUTER GENERATED FORMS (JAN 1991)

252.201‐7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 252.203‐7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE‐CONTRACT‐RELATED

FELONIES (DEC 2008)

252.203‐7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

252.203‐7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

252.203‐7004 DISPLAY OF FRAUD HOTLINE POSTER(S) (DEC 2012)

252.204‐7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204‐7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (MAY 2013)

252.205‐7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) 252.209‐7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A

TERRORIST COUNTRY (DEC 2006)

252.223‐7004 DRUG‐FREE WORK FORCE (SEP 1988)

252.223‐7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

252.225‐7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 2013)

252.225‐7048 EXPORT‐CONTROLLED ITEMS (JUNE 2013)

252.232‐7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUNE 2012)

252.232‐7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.236‐7000 MODIFICATION PROPOSALS ‐ PRICE BREAKDOWN. (DEC 1991)

252.236‐7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

252.236‐7002 OBSTRUCTION OF NAVIGABLE WATERWAYS. (DEC 1991)

252.236‐7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

252.236‐7008 CONTRACT PRICES ‐ BIDDING SCHEDULES. (DEC 1991)

252.243‐7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243‐7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244‐7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.247‐7023 TRANSPORTATION OF SUPPLIES BY SEA (JUN 2013)

252.247‐7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

SECTION 00 80 00 ‐ SPECIAL CONTRACT REQUIREMENTS

52.000‐4000 GENERAL

52.000‐4001 CONTRACT MINIMUM/CONTRACT MAXIMUM

ADJUSTMENT TO FUEL PRICE

FUEL CONSUMPTION REPORTING REQUIREMENTS

APPLICABLE WAGE DECISION

52.000‐4004 PARTNERING

52.000‐4008 SMALL BUSINESS SET ASIDE REQUIREMENTS FOR DREDGING (OCT 2000)

52.214‐5000 APPARENT CLERICAL MISTAKES – EFARS

52.217‐4002 EXERCISE OF OPTION TO EXTEND SERVICES

52.229‐4001 IOWA SALES AND USE TAX

52.231‐5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)—EFARS

52.232‐4004 INVOICE PROCEDURES

52.236‐4005 UNAVAILABILITY OF UTILITY SERVICES

52.236‐4006 SAFETY AND HEALTH REQUIREMENTS MANUAL INTERIM CHANGES, EM 385‐1‐1 (JAN 2009) .. 162

52.236‐4014 PURCHASE ORDERS

52.236‐4025 FLOATING PLANT EQUIPMENT (MAY 1999)

52.236‐4061 OBSTRUCTION OF CHANNEL

52.236‐4062 SIGNAL LIGHTS (JAN 1965)

52.236‐4063 RADIO

52.249‐5000 BASIS FOR SETTLEMENT OF PROPOSALS

AT/OPSEC 15

MVP‐001 DATA DELIVERABLES

(S‐102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS‐BACON ACT

CERTIFIED LABOR PAYROLLS (APRIL 2011)

WAGE DECISIONS

Section 00 01 00 ‐ Solicitation Contract Form

NOTES TO BIDDERS

1. To comply with the Small Business requirement set forth at note (1) of Small Business Size Standard 237990, Other Heavy and Civil Engineering Construction (Dredging and Surface Cleanup Activities), the small business prime contractor must perform at least 40 percent of the volume dredged with its own dredging equipment or dredging equipment owned by another small dredging concern. The SBA has interpreted the 40 percent rule to apply only to equipment involved in the act of excavation and not to “auxiliary equipment” involved in other functions, such as the transportation of excavated sediment from the dredge site to the disposal site (see Size Appeal of American Construction Co., Inc. , SBA No. SIZ- 5420 (2012)).

2. RESPONSIBILITY DETERMINATION. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, the apparent low bidder will be requested to provide the following information:

a) A detailed description of the work to be self-performed and resources available to demonstrate the firm is capable of complying with: (1) 52.000-4008, Small Business Set-aside Requirements for Dredging and (2) 52.219-14, Limitations on Subcontracting.

b) Financial Statements, including balance sheets that identify major categories of assets, liabilities, and owner’s equity; and profit and loss statements for the past three (3) years.

c) A Bank Certification of Financial Capability (line of credit).

Bidder qualification information, as referenced in the provision at 52.209-4001, must be received by the Contracting Officer within two (2) business days after the bid opening. This information will be treated as confidential commercial or financial information to the extent permitted by law under exemption 4 to the Freedom of Information Act, 5 U.S.C. § 552(b)(4). The financial statements should be not over 60 days old. If over 60 days old, a certification should be attached stating that the financial condition of the firm is substantially the same or, if not the same, the changes that have taken place.

3. BIDDER INQUIRIES. Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit their questions using the ProjNet system at https://www.projnet.org

Clause 52.214-6 requires that all inquiries be submitted in writing. To submit a new inquiry or to view inquiries submitted by other prospective bidders, users must be registered and signed into the ProjNet system.

Bidders may register online at https://www.projnet.org (click on “Register”).

The following information will be needed to submit or view bidder inquiries:

Managing Agency: USACE

Solicitation Number: W912ES-14-B-0004

Bidder Inquiry Key: TPT5GI – ZF9RSP

Bidders shall submit inquiries not later than 10 days prior to bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary. Those who submit an inquiry will receive a system-generated email acknowledgement. All answers to inquiries will be posted in ProjNet after they have been reviewed by the USACE technical team. Bidders are advised to review the solicitation in its entirety and to review all previously submitted questions and responses prior to submitting a new inquiry.

4. QUANTITIES. All Quantities are estimated except where unit is given as "EA" (each) or "LS" (lump sum). This solicitation will result in an Indefinite Delivery Indefinite Quantity contract which precludes the need for the clause at FAR 52.111-18, “Variation in Estimated Quantity”. Contract and task order minimums and maximums are addressed in the following clauses at 52.000-4001, “Contract Minimum/Maximum” (Section 00 80 00) and 52.216-19, “Order Limitations” (Section 00 70 00).

Bids will be evaluated in accordance with the provision at FAR 52.214-19, Contract Award – Sealed Bidding – Construction (Section 00 01 00). The line item quantities listed in the Bid Schedule are for evaluation purposes only and are not intended to convey either a minimum or maximum quantity that will be ordered by the Government. The unit price that will be paid for any line item will not be changed based on the quantity actually ordered by the Government. The ultimate contract price for any given ordering period will be the sum of the task orders ordered during that period.

5. SAM REGISTRATION. All bidders must register and complete online representations and certifications in the System for Award Management (SAM) at www.sam.gov prior to the bid opening. Bidders that have not registered or completed their online representations and certifications may be rejected. Bidders are advised that the initial registration process in SAM may take several weeks. The Government will review completed Representations and Certifications in SAM following the bid opening. Submission of paper copies of completed representations and certifications is NOT required with bid submissions.

6. ISSUANCE OF TASK ORDERS. Work will be ordered through the issuance of individual task orders as the requirements of the Corps of Engineers are defined. Each task order will include the specific requirements related to the work covered by the task order, and delivery or performance requirements. Task Order prices will be in accordance with the fixed rates established in the Bid Schedule (Section 00 01 00).

7. All extensions of the unit prices shown will be subject to verification by the Government. In case of a discrepancy between the unit price and the extension, the unit price will govern. For further information reference clause 52.214-5000 entitled “Apparent Clerical Mistakes” in Section 00 80 00.

8. ADJUSTMENT TO FUEL PRICE. Offerors are advised that this solicitation contains an Adjustment to Fuel Price (AFP) clause (Section 00 80 00). The purpose of that clause is to reduce the price risk to both the Contractor and the Government from fluctuations in diesel fuel prices to the extent of the adjustments made via that clause. The AFP clause applies to both the base and option periods of the contract. Offerors are reminded that including anticipated fuel price increases in option year pricing may render their offer less competitive. For bidding purposes, prices should reflect all applicable fuel taxes.

9. For contract line items that are related to transportation of dredge material over 8 river miles, reference the historical data provided in Section 01 00 00.00 13 GENERAL.

10. BID BONDS

a. This solicitation requires each offeror to submit an acceptable bid guarantee in the amount of $300,000.00 along with its offer (see clause 52.228-1). The Contracting Officer has the authority and responsibility to determine whether the bid bond and its accompanying documentation clearly show that the person(s) executing the bid bond on behalf of the surety have the authority to unequivocally bind the bonding company.

b. One acceptable form of bid guarantee is a bid bond. If a bid bond is used, it must be accompanied by a signed and dated power-of-attorney. If a signed and dated power-of-attorney does not accompany the bid bond, the bid must be rejected as non-responsive. Please note that a non-responsive bid may not be corrected after bid opening to make it responsive – the bid must be rejected. The power-of-attorney must be issued by the surety (the Treasury Department-approved bonding company, not the insurance agency writing the bond).

c. Original powers-of-attorney and photocopies or facsimiles of original, otherwise valid, powers-of-attorney provide sufficient evidence of authority to bind the surety. Questions concerning the authenticity or enforceability of a power-of-attorney may be resolved by the Contracting Officer, often in consultation with the surety, after the bid opening.

d. This bid note does not provide bidders with an all-inclusive checklist for submitting an acceptable bid bond – rather, it provides some information regarding recent changes to the Federal Acquisition Regulation regarding the validity of powers-of-attorney. The revised regulation may be found at FAR 28.101-3.

e. The revised regulations described in this bid note are effective for solicitations issued after September

30, 2005.

11. PERFORMANCE AND PAYMENT BONDS. In accordance with the clause at FAR 52.228-15, “Performance and Payment Bonds – Construction” (Section 00 70 00), prior to commencing any work under the contract, the contractor shall provide: (1) a performance bond (Standard Form 25) in the penal amount of $1,000,000.00; and (2) a payment bond (Standard Form 25-A) in the penal amount of $1,000,000.00. The term of the bonds is the life of the contract, including any option periods that may be exercised by the Government in its discretion.

12. UNBALANCED BIDS. The government may reject as non-responsive any bid that is materially unbalanced between contract line item numbers or sub-items on the bidding schedule. A bid is materially unbalanced when it is based on prices that are significantly less than cost for some work and significantly more than cost for other work. A materially unbalanced bid may be rejected if the Contracting Officer has a reasonable doubt as to whether the bid will result in the lowest overall cost to the government even though it may be the low evaluated bid. Additionally, a bid that is unbalanced so as to be tantamount to an advance payment will be rejected as non-responsive even if acceptance of the bid would result in the lowest overall cost to the government. Reference is made to paragraph (d) of clause 52.214-19, “Contract Award – Sealed Bidding

– Construction.”

13. MOBILIZATION AND DEMOBILIZATION. Offerors are advised that the Government will closely examine the bid prices for mobilization and demobilization to ensure the proposed prices bear a reasonable relation to the actual cost of the work. Offerors are reminded that unbalanced bids may be rejected in their entirety. In addition, the contractor may be required to furnish cost data to justify bid prices in accordance with clause 252.236-7004, Payment for Mobilization and Demobilization.

14. The addresses, phone numbers, and Internet address (if available) for references cited in these specifications are listed in the Unified Facilities Guide Specification (UFGS) 01 42 00 SOURCES FOR REFERENCE PUBLICATIONS. UFGS 01 42 00 is available under Publications on the TECHINFO page of the Corps of Engineers Huntsville District Internet site at: www.hnd.usace.army.mil/techinfo.

15. Any forthcoming amendments will only be available on this website: www.fbo.gov. It is recommended that each registered firm check this website periodically for updates.

16. FACSIMILE BIDS AND MODIFICATIONS WILL NOT BE ACCEPTED.

ITEM DESCRIPTION QUANTITY U/I UNIT PRICE AMOUNT

BASE PERIOD - PRIMARY PLANT

0001 Mobilization and Demobilization 1 JB 0002 Dredging - St. Paul District 170,000 CY 0003 Transportation of Dredge Material 4 - 8 River Miles 70,000 CYM 0004 Transportation of Dredge Material Over 8 River Miles 40,000 CYM 0005 Transportation of Plant Between Dredging Sites 450 MI 0006 Standby 10 DAY 0007 Overland Transportation of Dredged Material up to and Including 0.5

Miles at Placement Sites with Special Consideration 60,000 CY 0008 Overland Transportation of Dredged Material Over 0.5 Miles and Up

To and Including 1.5 Miles at Placement Sites With Special Consideration 30,000 CY

0009 Dredging/Excavation At Temporary Placement Sites 20,000 CY 0010 Small Boat Harbor Dredging - St. Paul District 2,000 CY 0011 Dredging - Rock Island District 40,000 CY 0012 Small Boat Harbor Dredging - Rock Island District 2,000 CY 0013 Thalweg Placement - Rock Island District 10,000 CY

TOTAL - BASE PERIOD - PRIMARY PLANT

BASE PERIOD - SECOND PLANT

0014 Mobilization and Demobilization 1 JB 0015 Dredging - St. Paul District 100,000 CY 0016 Transportation of Dredge Material 4 - 8 River Miles 30,000 CYM 0017 Transportation of Dredge Material Over 8 River Miles 10,000 CYM 0018 Transportation of Plant Between Dredging Sites 300 MI 0019 Standby 10 DAY 0020 Overland Transportation of Dredged Material up to and Including 0.5

Miles at Placement Sites with Special Consideration 40,000 CY 0021 Overland Transportation of Dredged Material Over 0.5 Miles and Up

To and Including 1.5 Miles at Placement Sites With Special Consideration 30,000 CY

0022 Dredging/Excavation At Temporary Placement Sites 20,000 CY 0023 Small Boat Harbor Dredging - St. Paul District 2,000 CY 0024 Dredging - Rock Island District 20,000 CY 0025 Small Boat Harbor Dredging - Rock Island District 2,000 CY 0026 Thalweg Placement - Rock Island District 10,000 CY

TOTAL - BASE PERIOD - SECOND PLANT

TOTAL BASE PERIOD (CLINS 0001-0026)

BID SCHEDULE

MECHANICAL DREDGING

BID SCHEDULE

MECHANICAL DREDGING

FIRST OPTION YEAR - PRIMARY PLANT

1001 Mobilization and Demobilization 1 JB 1002 Dredging - St. Paul District 170,000 CY 1003 Transportation of Dredge Material 4 - 8 River Miles 70,000 CYM 1004 Transportation of Dredge Material Over 8 River Miles 40,000 CYM 1005 Transportation of Plant Between Dredging Sites 450 MI 1006 Standby 10 DAY 1007 Overland Transportation of Dredged Material up to and Including 0.5

Miles at Placement Sites with Special Consideration 60,000 CY 1008 Overland Transportation of Dredged Material Over 0.5 Miles and Up

To and Including 1.5 Miles at Placement Sites With Special Consideration 30,000 CY

1009 Dredging/Excavation At Temporary Placement Sites 20,000 CY 1010 Small Boat Harbor Dredging - St. Paul District 2,000 CY 1011 Dredging - Rock Island District 40,000 CY 1012 Small Boat Harbor Dredging - Rock Island District 2,000 CY 1013 Thalweg Placement - Rock Island District 10,000 CY

TOTAL - FIRST OPTION YEAR - PRIMARY PLANT

FIRST OPTION YEAR- SECOND PLANT

1014 Mobilization and Demobilization 1 JB 1015 Dredging - St. Paul District 100,000 CY 1016 Transportation of Dredge Material 4 - 8 River Miles 30,000 CYM 1017 Transportation of Dredge Material Over 8 River Miles 10,000 CYM 1018 Transportation of Plant Between Dredging Sites 300 MI 1019 Standby 10 DAY 1020 Overland Transportation of Dredged Material up to and Including 0.5

Miles at Placement Sites with Special Consideration 40,000 CY 1021 Overland Transportation of Dredged Material Over 0.5 Miles and Up

To and Including 1.5 Miles at Placement Sites With Special Consideration 30,000 CY

1022 Dredging/Excavation At Temporary Placement Sites 20,000 CY 1023 Small Boat Harbor Dredging - St. Paul District 2,000 CY 1024 Dredging - Rock Island District 20,000 CY 1025 Small Boat Harbor Dredging - Rock Island District 2,000 CY 1026 Thalweg Placement - Rock Island District 10,000 CY

TOTAL - FIRST OPTION YEAR - SECOND PLANT

TOTAL FOR FIRST OPTION YEAR (CLINS 1001-1026)

MECHANICAL DREDGING

SECOND OPTION YEAR - PRIMARY PLANT

2001 Mobilization and Demobilization 1 JB 2002 Dredging - St. Paul District 170,000 CY 2003 Transportation of Dredge Material 4 - 8 River Miles 70,000 CYM 2004 Transportation of Dredge Material Over 8 River Miles 40,000 CYM 2005 Transportation of Plant Between Dredging Sites 450 MI 2006 Standby 10 DAY 2007 Overland Transportation of Dredged Material up to and Including 0.5

Miles at Placement Sites with Special Consideration 60,000 CY 2008 Overland Transportation of Dredged Material Over 0.5 Miles and Up

To and Including 1.5 Miles at Placement Sites With Special Consideration 30,000 CY

2009 Dredging/Excavation At Temporary Placement Sites 20,000 CY 2010 Small Boat Harbor Dredging - St. Paul District 2,000 CY 2011 Dredging - Rock Island District 40,000 CY 2012 Small Boat Harbor Dredging - Rock Island District 2,000 CY 2013 Thalweg Placement - Rock Island District 10,000 CY

TOTAL - SECOND OPTION YEAR - PRIMARY PLANT

SECOND OPTION YEAR- SECOND PLANT

2014 Mobilization and Demobilization 1 JB 2015 Dredging - St. Paul District 100,000 CY 2016 Transportation of Dredge Material 4 - 8 River Miles 30,000 CYM 2017 Transportation of Dredge Material Over 8 River Miles 10,000 CYM 2018 Transportation of Plant Between Dredging Sites 300 MI 2019 Standby 10 DAY 2020 Overland Transportation of Dredged Material up to and Including 0.5

Miles at Placement Sites with Special Consideration 40,000 CY 2021 Overland Transportation of Dredged Material Over 0.5 Miles and Up

To and Including 1.5 Miles at Placement Sites With Special Consideration 30,000 CY

2022 Dredging/Excavation At Temporary Placement Sites 20,000 CY 2023 Small Boat Harbor Dredging - St. Paul District 2,000 CY 2024 Dredging - Rock Island District 20,000 CY 2025 Small Boat Harbor Dredging - Rock Island District 2,000 CY 2026 Thalweg Placement - Rock Island District 10,000 CY

TOTAL - SECOND OPTION YEAR - SECOND PLANT

TOTAL FOR SECOND OPTION YEAR (CLINS 2001-2026)

MECHANICAL DREDGING

THIRD OPTION YEAR - PRIMARY PLANT

3001 Mobilization and Demobilization 1 JB 3002 Dredging - St. Paul District 170,000 CY 3003 Transportation of Dredge Material 4 - 8 River Miles 70,000 CYM 3004 Transportation of Dredge Material Over 8 River Miles 40,000 CYM 3005 Transportation of Plant Between Dredging Sites 450 MI 3006 Standby 10 DAY 3007 Overland Transportation of Dredged Material up to and Including 0.5

Miles at Placement Sites with Special Consideration 60,000 CY 3008 Overland Transportation of Dredged Material Over 0.5 Miles and Up

To and Including 1.5 Miles at Placement Sites With Special Consideration 30,000 CY

3009 Dredging/Excavation At Temporary Placement Sites 20,000 CY 3010 Small Boat Harbor Dredging - St. Paul District 2,000 CY 3011 Dredging - Rock Island District 40,000 CY 3012 Small Boat Harbor Dredging - Rock Island District 2,000 CY 3013 Thalweg Placement - Rock Island District 10,000 CY

TOTAL - THIRD OPTION YEAR - PRIMARY PLANT

THIRD OPTION YEAR- SECOND PLANT

3014 Mobilization and Demobilization 1 JB 3015 Dredging - St. Paul District 100,000 CY 3016 Transportation of Dredge Material 4 - 8 River Miles 30,000 CYM 3017 Transportation of Dredge Material Over 8 River Miles 10,000 CYM 3018 Transportation of Plant Between Dredging Sites 300 MI 3019 Standby 10 DAY 3020 Overland Transportation of Dredged Material up to and Including 0.5

Miles at Placement Sites with Special Consideration 40,000 CY 3021 Overland Transportation of Dredged Material Over 0.5 Miles and Up

To and Including 1.5 Miles at Placement Sites With Special Consideration 30,000 CY

3022 Dredging/Excavation At Temporary Placement Sites 20,000 CY 3023 Small Boat Harbor Dredging - St. Paul District 2,000 CY 3024 Dredging - Rock Island District 20,000 CY 3025 Small Boat Harbor Dredging - Rock Island District 2,000 CY 3026 Thalweg Placement - Rock Island District 10,000 CY

TOTAL - THIRD OPTION YEAR - SECOND PLANT

TOTAL FOR THIRD OPTION YEAR (CLINS 3001-3026)

MECHANICAL DREDGING

FOURTH OPTION YEAR - PRIMARY PLANT

4001 Mobilization and Demobilization 1 JB 4002 Dredging - St. Paul District 170,000 CY 4003 Transportation of Dredge Material 4 - 8 River Miles 70,000 CYM 4004 Transportation of Dredge Material Over 8 River Miles 40,000 CYM 4005 Transportation of Plant Between Dredging Sites 450 MI 4006 Standby 10 DAY 4007 Overland Transportation of Dredged Material up to and Including 0.5

Miles at Placement Sites with Special Consideration 60,000 CY 4008 Overland Transportation of Dredged Material Over 0.5 Miles and Up

To and Including 1.5 Miles at Placement Sites With Special Consideration 30,000 CY

4009 Dredging/Excavation At Temporary Placement Sites 20,000 CY 4010 Small Boat Harbor Dredging - St. Paul District 2,000 CY 4011 Dredging - Rock Island District 40,000 CY 4012 Small Boat Harbor Dredging - Rock Island District 2,000 CY 4013 Thalweg Placement - Rock Island District 10,000 CY

TOTAL - FOURTH OPTION YEAR - PRIMARY PLANT

FOURTH OPTION YEAR- SECOND PLANT

4014 Mobilization and Demobilization 1 JB 4015 Dredging - St. Paul District 100,000 CY 4016 Transportation of Dredge Material 4 - 8 River Miles 30,000 CYM 4017 Transportation of Dredge Material Over 8 River Miles 10,000 CYM 4018 Transportation of Plant Between Dredging Sites 300 MI 4019 Standby 10 DAY 4020 Overland Transportation of Dredged Material up to and Including 0.5

Miles at Placement Sites with Special Consideration 40,000 CY 4021 Overland Transportation of Dredged Material Over 0.5 Miles and Up

To and Including 1.5 Miles at Placement Sites With Special Consideration 30,000 CY

4022 Dredging/Excavation At Temporary Placement Sites 20,000 CY 4023 Small Boat Harbor Dredging - St. Paul District 2,000 CY 4024 Dredging - Rock Island District 20,000 CY 4025 Small Boat Harbor Dredging - Rock Island District 2,000 CY 4026 Thalweg Placement - Rock Island District 10,000 CY

TOTAL - FOURTH OPTION YEAR - SECOND PLANT

TOTAL FOR FOURTH OPTION YEAR (CLINS 4001-4026)

TOTAL BID AMOUNT (CLINS 0001- 4026)

Section 00 10 00 ‐ Bidding Schedule/Instructions to Bidders

52.209‐4001 BIDDER'S QUALIFICATIONS (APR 1984) FAR 9.105‐1

Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

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.

52.214‐5 SUBMISSION OF BIDS (MAR 1997)

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

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

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

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

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

52.214‐6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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

(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.

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

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

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

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

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

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

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

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

52.214‐19 CONTRACT AWARD‐‐SEALED BIDDING‐‐CONSTRUCTION (AUG

1996)

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

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

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

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

(End of provison)

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

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

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

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

dollars shall be rejected.

52.214‐4001 INQUIRIES ‐ BID INFORMATION

(a) Inquiries:

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit their questions using the ProjNet system at https://www.projnet.org

Clause 52.214-6 requires that all inquiries be submitted in writing. To submit a new inquiry or to view inquiries submitted by other prospective bidders, users must be registered and signed into the ProjNet system. Bidders may register online at https://www.projnet.org (click on “Register”).

The following information will be needed to submit or view bidder inquiries:

Managing Agency: USACE

Solicitation Number: W912ES-14-B-0004

Bidder Inquiry Key: TPT5GI – ZF9RSP

Bidders shall submit inquiries not later than 10 days prior to bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary. Those who submit an inquiry will receive a system-generated email acknowledgement. All answers to inquiries will be posted in ProjNet after they have been reviewed by the USACE technical team. Bidders are advised to review the solicitation in its entirety and to review all previously submitted questions and responses prior to submitting a new inquiry.

(b) Bid Depository/Bid Opening Information:

Bids must be deposited prior to the date and time set for opening of bids. The bid depository is located in the Contracting Division, 7th Floor, of the U.S. Army Corps of Engineers - St. Paul District, 180 Fifth Street East, Suite 700, St. Paul, Minnesota 55101-1678. A public bid opening will be held at the same location.

52.214‐4002 ALL OR NONE QUALIFICATIONS (FEB 2011) FAR 14.404‐5

A vendor must provide a price on all items in this solicitation to be eligible for award. The Government will award on an “All or None” basis. Evaluation of bids/offers will be based upon only the total price included on the pricing schedule for all items. If options are included in the pricing schedule the evaluation will be conducted in accordance with the applicable option clause in the solicitation.

52.216‐1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery Indefinite Quantity (IDIQ) 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 DAVIS‐BACON ACT‐‐SECONDARY SITE OF THE WORK (JUL 2005)

(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, Davis-Bacon Act, 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.

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

.7% 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.