Mechanical_Dredging_Specifications.pdf

Table of Contents

SECTION 00 10 00 - SOLICITATION

BID SCHEDULE

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

52.214-5 SUBMISSION OF BIDS (DEC 2016)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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

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

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

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

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

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY 2014) 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

52.228-1 BID GUARANTEE (SEP 1996)

SECTION 00 22 13 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

52.233-2 SERVICE OF PROTEST (SEP 2006)

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

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

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2018)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016)

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

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

52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY

2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

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

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2018)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR

PROPOSED FOR DEBARMENT (OCT 2015)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018).. 52 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015)

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

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

52.214-27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA - MODIFICATIONS - SEALED BIDDING. (AUG

2011) 52.214-28 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA - MODIFICATIONS - SEALED BIDDING. (OCT

2010)

52.216-19 ORDER LIMITATIONS (OCT 1995)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-O0003)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-O0003)

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

52.222-3 CONVICT LABOR (JUN 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION (MAY 2018)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

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

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS--PRICE ADJUSTMENT (NONE OR SEPARATELY

SPECIFIED METHOD) (AUG 2018)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

(DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

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 AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (JUN 2016) . 100 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS (AUG 2018)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

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)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-11 PLEDGES OF ASSETS (AUG 2018)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

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

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

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT (OCT 2018) .. 122

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. (MAY 2014)

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)

52.236-5 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 (JAN 2019)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2015)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) - ALTERNATE I

(SEP 1996)

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

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)

252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2016)

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

252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) 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 COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

252.216-7006 ORDERING (MAY 2011)

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 (DEC 2017)

252.225-7048 EXPORT-CONTROLLED ITEMS (JUNE 2013)

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 (FEB 2019)

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

GENERAL

DEFINITIONS

PARTNERING

INVOICE PROCEDURES

SAFETY

FLOATING PLANT EQUIPMENT

OBSTRUCTION OF CHANNEL

SIGNAL LIGHTS

RADIO

APPARENT CLERICAL MISTAKES

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

CONTRACT MINIMUMS AND MAXIMUMS

ADJUSTMENT TO FUEL PRICE

FUEL CONSUMPTION REPORTING

APPLICABLE WAGE DECISION

WAGE DETERMINATION

AT/OPSEC13

AT/OPSEC15

SMALL BUSINESS SET ASIDE REQUIREMENTS FOR DREDGING

Section 00 10 00 - Solicitation

BID SCHEDULE

ITEM DESCRIPTION QUANTITY U/I UNIT PRICE AMOUNT

BASE PERIOD - PRIMARY PLANT

0001 MOBILIZATION AND DEMOBILIZATION 1 JOB

0002 DREDGING 220,000 CY

0003 TRANSPORTATION OF DREDGED MATERIAL 4-8 RIVER MILES 70,000 CY

0004 TRANSPORTATION OF DREDGED MATERIAL OVER 8 RIVER MILES 40,000 CY

0005 TRANSPORTATION OF PLANT BETWEEN DREDGING SITES 350 MI

0006 STANDBY 10 DAY

0007 OVERLAND TRANSPORTATION OF DREDGED MATERIAL UP TO AND

INCLUDING 0.5 MILES AT PLACEMENT SITES WITH SPECIAL

CONSIDERATION 25,000 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 HIGHWAY TRANSPORTATION OF MATERIAL UP TO 10 MILES TO

PLACEMENT SITES 200,000 CY

0010 DREDGING/EXCAVATION AT TEMPORARY PLACEMENT SITES 20,000 CY

0011 SMALL BOAT HARBOR DREDGING 2,000 CY

0012 THALWEG PLACEMENT 10,000 CY

0013 IN-WATER PLACEMENT 20,000 CY

TOTAL - BASE PERIOD - PRIMARY PLANT

BASE PERIOD - SECOND PLANT

0014 MOBILIZATION AND DEMOBILIZATION 1 JOB

0015 DREDGING 130,000 CY

0016 TRANSPORTATION OF DREDGED MATERIAL 4-8 RIVER MILES 20,000 CY

0017 TRANSPORTATION OF DREDGED MATERIAL OVER 8 RIVER MILES 10,000 CY

0018 TRANSPORTATION OF PLANT BETWEEN DREDGING SITES 150 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 20,000 CY

0022 HIGHWAY TRANSPORTATION OF MATERIAL UP TO 10 MILES TO

PLACEMENT SITES 150,000 CY

0023 DREDGING/EXCAVATION AT TEMPORARY PLACEMENT SITES 20,000 CY

0024 SMALL BOAT HARBOR DREDGING 2,000 CY

0025 THALWEG PLACEMENT 10,000 CY

0026 IN-WATER PLACEMENT 20,000 CY

TOTAL - BASE PERIOD - SECOND PLANT

TOTAL - BASE PERIOD - (CLINS 0001-0026)

FIRST OPTION YEAR - PRIMARY PLANT

1001 MOBILIZATION AND DEMOBILIZATION 1 JOB

1002 DREDGING 220,000 CY

1003 TRANSPORTATION OF DREDGED MATERIAL 4-8 RIVER MILES 70,000 CY

1004 TRANSPORTATION OF DREDGED MATERIAL OVER 8 RIVER MILES 40,000 CY

1005 TRANSPORTATION OF PLANT BETWEEN DREDGING SITES 350 MI

1006 STANDBY 10 DAY

1007 OVERLAND TRANSPORTATION OF DREDGED MATERIAL UP TO AND

INCLUDING 0.5 MILES AT PLACEMENT SITES WITH SPECIAL

CONSIDERATION 25,000 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 HIGHWAY TRANSPORTATION OF MATERIAL UP TO 10 MILES TO

PLACEMENT SITES 200,000 CY

1010 DREDGING/EXCAVATION AT TEMPORARY PLACEMENT SITES 20,000 CY

1011 SMALL BOAT HARBOR DREDGING 2,000 CY

1012 THALWEG PLACEMENT 10,000 CY

1013 IN-WATER PLACEMENT 20,000 CY

TOTAL - FIRST OPTION YEAR - PRIMARY PLANT

FIRST OPTION YEAR - SECOND PLANT

1014 MOBILIZATION AND DEMOBILIZATION 1 JOB

1015 DREDGING 130,000 CY

1016 TRANSPORTATION OF DREDGED MATERIAL 4-8 RIVER MILES 20,000 CY

1017 TRANSPORTATION OF DREDGED MATERIAL OVER 8 RIVER MILES 10,000 CY

1018 TRANSPORTATION OF PLANT BETWEEN DREDGING SITES 150 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 20,000 CY

1022 HIGHWAY TRANSPORTATION OF MATERIAL UP TO 10 MILES TO

PLACEMENT SITES 150,000 CY

1023 DREDGING/EXCAVATION AT TEMPORARY PLACEMENT SITES 20,000 CY

1024 SMALL BOAT HARBOR DREDGING 2,000 CY

1025 THALWEG PLACEMENT 10,000 CY

1026 IN-WATER PLACEMENT 20,000 CY

TOTAL - FIRST OPTION YEAR - SECOND PLANT

TOTAL - FIRST OPTION YEAR - (CLINS 1001-1026)

SECOND OPTION YEAR - PRIMARY PLANT

2001 MOBILIZATION AND DEMOBILIZATION 1 JOB

2002 DREDGING 220,000 CY

2003 TRANSPORTATION OF DREDGED MATERIAL 4-8 RIVER MILES 70,000 CY

2004 TRANSPORTATION OF DREDGED MATERIAL OVER 8 RIVER MILES 40,000 CY

2005 TRANSPORTATION OF PLANT BETWEEN DREDGING SITES 350 MI

2006 STANDBY 10 DAY

2007 OVERLAND TRANSPORTATION OF DREDGED MATERIAL UP TO AND

INCLUDING 0.5 MILES AT PLACEMENT SITES WITH SPECIAL

CONSIDERATION 25,000 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 HIGHWAY TRANSPORTATION OF MATERIAL UP TO 10 MILES TO

PLACEMENT SITES 200,000 CY

2010 DREDGING/EXCAVATION AT TEMPORARY PLACEMENT SITES 20,000 CY

2011 SMALL BOAT HARBOR DREDGING 2,000 CY

2012 THALWEG PLACEMENT 10,000 CY

2013 IN-WATER PLACEMENT 20,000 CY

TOTAL - SECOND OPTION YEAR - PRIMARY PLANT

SECOND OPTION YEAR - SECOND PLANT

2014 MOBILIZATION AND DEMOBILIZATION 1 JOB

2015 DREDGING 130,000 CY

2016 TRANSPORTATION OF DREDGED MATERIAL 4-8 RIVER MILES 20,000 CY

2017 TRANSPORTATION OF DREDGED MATERIAL OVER 8 RIVER MILES 10,000 CY

2018 TRANSPORTATION OF PLANT BETWEEN DREDGING SITES 150 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 20,000 CY

2022 HIGHWAY TRANSPORTATION OF MATERIAL UP TO 10 MILES TO

PLACEMENT SITES 150,000 CY

2023 DREDGING/EXCAVATION AT TEMPORARY PLACEMENT SITES 20,000 CY

2024 SMALL BOAT HARBOR DREDGING 2,000 CY

2025 THALWEG PLACEMENT 10,000 CY

2026 IN-WATER PLACEMENT 20,000 CY

TOTAL - SECOND OPTION YEAR - SECOND PLANT

TOTAL - SECOND OPTION YEAR - (CLINS 2001-2026)

THIRD OPTION YEAR - PRIMARY PLANT

3001 MOBILIZATION AND DEMOBILIZATION 1 JOB

3002 DREDGING 220,000 CY

3003 TRANSPORTATION OF DREDGED MATERIAL 4-8 RIVER MILES 70,000 CY

3004 TRANSPORTATION OF DREDGED MATERIAL OVER 8 RIVER MILES 40,000 CY

3005 TRANSPORTATION OF PLANT BETWEEN DREDGING SITES 350 MI

3006 STANDBY 10 DAY

3007 OVERLAND TRANSPORTATION OF DREDGED MATERIAL UP TO AND

INCLUDING 0.5 MILES AT PLACEMENT SITES WITH SPECIAL

CONSIDERATION 25,000 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 HIGHWAY TRANSPORTATION OF MATERIAL UP TO 10 MILES TO

PLACEMENT SITES 200,000 CY

3010 DREDGING/EXCAVATION AT TEMPORARY PLACEMENT SITES 20,000 CY

3011 SMALL BOAT HARBOR DREDGING 2,000 CY

3012 THALWEG PLACEMENT 10,000 CY

3013 IN-WATER PLACEMENT 20,000 CY

TOTAL - THIRD OPTION YEAR - PRIMARY PLANT

THIRD OPTION YEAR - SECOND PLANT

3014 MOBILIZATION AND DEMOBILIZATION 1 JOB

3015 DREDGING 130,000 CY

3016 TRANSPORTATION OF DREDGED MATERIAL 4-8 RIVER MILES 20,000 CY

3017 TRANSPORTATION OF DREDGED MATERIAL OVER 8 RIVER MILES 10,000 CY

3018 TRANSPORTATION OF PLANT BETWEEN DREDGING SITES 150 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 20,000 CY

3022 HIGHWAY TRANSPORTATION OF MATERIAL UP TO 10 MILES TO

PLACEMENT SITES 150,000 CY

3023 DREDGING/EXCAVATION AT TEMPORARY PLACEMENT SITES 20,000 CY

3024 SMALL BOAT HARBOR DREDGING 2,000 CY

3025 THALWEG PLACEMENT 10,000 CY

3026 IN-WATER PLACEMENT 20,000 CY

TOTAL - THIRD OPTION YEAR - SECOND PLANT

TOTAL - THIRD OPTION YEAR - (CLINS 3001-3026)

FOURTH OPTION YEAR - PRIMARY PLANT

4001 MOBILIZATION AND DEMOBILIZATION 1 JOB

4002 DREDGING 220,000 CY

4003 TRANSPORTATION OF DREDGED MATERIAL 4-8 RIVER MILES 70,000 CY

4004 TRANSPORTATION OF DREDGED MATERIAL OVER 8 RIVER MILES 40,000 CY

4005 TRANSPORTATION OF PLANT BETWEEN DREDGING SITES 350 MI

4006 STANDBY 10 DAY

4007 OVERLAND TRANSPORTATION OF DREDGED MATERIAL UP TO AND

INCLUDING 0.5 MILES AT PLACEMENT SITES WITH SPECIAL

CONSIDERATION 25,000 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 HIGHWAY TRANSPORTATION OF MATERIAL UP TO 10 MILES TO

PLACEMENT SITES 200,000 CY

4010 DREDGING/EXCAVATION AT TEMPORARY PLACEMENT SITES 20,000 CY

4011 SMALL BOAT HARBOR DREDGING 2,000 CY

4012 THALWEG PLACEMENT 10,000 CY

4013 IN-WATER PLACEMENT 20,000 CY

TOTAL - FOURTH OPTION YEAR - PRIMARY PLANT

FOURTH OPTION YEAR - SECOND PLANT

4014 MOBILIZATION AND DEMOBILIZATION 1 JOB

4015 DREDGING 130,000 CY

4016 TRANSPORTATION OF DREDGED MATERIAL 4-8 RIVER MILES 20,000 CY

4017 TRANSPORTATION OF DREDGED MATERIAL OVER 8 RIVER MILES 10,000 CY

4018 TRANSPORTATION OF PLANT BETWEEN DREDGING SITES 150 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 20,000 CY

4022 HIGHWAY TRANSPORTATION OF MATERIAL UP TO 10 MILES TO

PLACEMENT SITES 150,000 CY

4023 DREDGING/EXCAVATION AT TEMPORARY PLACEMENT SITES 20,000 CY

4024 SMALL BOAT HARBOR DREDGING 2,000 CY

4025 THALWEG PLACEMENT 10,000 CY

4026 IN-WATER PLACEMENT 20,000 CY

TOTAL - FOURTH OPTION YEAR - SECOND PLANT

TOTAL - FOURTH OPTION YEAR - (CLINS 4001-4026)

TOTAL BID AMOUNT (CLINS 0001-4026)

Section 00 21 13 - Instructions to Bidders

INSTRUCTIONS 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) 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 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-19-B-0002

Bidder Inquiry Key: DV7FC9-F7EP46

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.

https://www.projnet.org/ https://www.projnet.org/

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 “Contract Minimum/Maximum” (Section 00 73 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 73 00.

8. ADJUSTMENT TO FUEL PRICE. Offerors are advised that this solicitation contains an Adjustment to Fuel Price (AFP) clause (Section 00 73 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 $750,000.00 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. ALL OR NONE QUALIFICATIONS

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.

15. 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.

16. 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.

17. FACSIMILE BIDS AND MODIFICATIONS WILL NOT BE ACCEPTED.

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

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

(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--http://www.hnd.usace.army.mil/techinfo http://www.fbo.gov/

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.

(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 (DEC 2016)

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

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

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

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

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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

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

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

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

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

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

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

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

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

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

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

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

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

dollars shall be rejected.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price Indefinite-Delivery Indefinite-Quantity contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

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

(MAY 2014)

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

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

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

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

2.9% 6.9%

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

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

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is along the upper Mississippi River in Minnesota, Wisconsin, and portions of Illinois.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY

2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be $750,000.00

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

Section 00 22 13 - Supplementary Instructions to Bidders

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

U.S. Army Corps of Engineers, St. Paul District 180 Fifth Street East, Suite 700 Attn: Kevin Henricks St. Paul, MN 55101-1678

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

Section 00 45 00 - Representations and Certifications

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…