W912HN-09-B-0016_Charleston Harbor.pdf

W81D4A90854787

PROJECT: - Maintenance Dredging in Charleston Harbor, Low er Reaches and Wando River.

A. DESCRIPTION OF WORK: The w ork consists of maintenance dredging in Charleston Harbor, Low er Reaches and Wando River. Material dredged under this contract shall be transported to and dumped w ithin the Ocean Dredged Material Disposal Site.The total quantity for the base amount is approximately 1,169,500 cubic yards of material to be dredged.The total for the base plus all optional bid items is approximately 1,373,500 cubic yards of material to be dredged. The w ork is located in Charleston County, South Carolina.

B. This Acquisition is unrestricted.

C. NAICS CODE: 237990, SIZE STANDARD: $20.0MIL

D. MAGNITUDE OF WORK: Betw een $5.0MIL and $10.0Mil.

E. Note the new requirement for Annual Representations and Certif ication to be completed online. See Section 006000, clause 52.204-8.

F. To form a bid, bidders are required to submit a signed original of the Solicitation, Offer, and Aw ard (SF1442), the bid schedule (sect 00100), Representation and Certif ication (Sect 00600). A bid bond in the amount of 20% of the bid price is required (Sect 00700).

X

HENRY WIGFALL 843-329-8088

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

18-May-2009

(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 _________________________

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 __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________19 Jun 2009 (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 _______60 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

U.S. ARMY ENGINEER DISTRICT SAVANNAH

CHARLESTON CONTRACTING OFFICE

69A HAGOOD AVENUE

CHARLESTON SC 29403-5107

W912HN

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912HN-09-B-0016 77

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

W912HN-09-B-0016

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

ALTERNATIVE A

Project: The work consists of maintenance dredging in Charleston Harbor, Lower Reaches and Wando River. Material dredged under this contract shall be transported to and dumped within the Ocean Dredged Material Disposal Site. The minimum total estimated quantity for the base amount is approximately 1,076,500 cubic yards of material to be dredged. The maximum total quantity, including all options for approximately 1,565,500 cubic yards of material to be dredged. The work is located in Charleston County, South Carolina.

FOB: Destination

MILSTRIP: W81D4A90854787

NET AMT

0001AA 1 Lump Sum

MOBILIZATION AND DEMOBILIZATION-FOR DREDGING OF

CHARLESTON HARBOR,

LOWER REACHES AND WANDO RIVER.

0001AB 70,000 Cubic

Yard

MAINTENANCE DREDGING OF UNCLASSIFIED MATERIAL

(SHOAL 1- TIDEWATER REACH)

0001AC 256,000 Cubic

MAINTENANCE DREDGING UNCLASSIFIED MATERIAL

(SHOAL 2- LOWER TOWN CREEK REACH)

0001AD 63,000 Cubic

(SHOAL 3- CUSTOM HOUSE REACH)

0001AE 24,000 Cubic

(SHOAL 4- LOWER TOWN CREEK TURNING BASIN)

0001AF 159,000 Cubic

(SHOAL 5- HOG ISLAND REACH)

0001AG 170,000 Cubic

(SHOAL 6- DRUM ISLAND REACH)

0001AH 45,000 Cubic

(SHOAL 7- LOWER WANDO RIVER)

0001AJ 92,000 Cubic

(SHOAL 8- UPPER WANDO RIVER)

0001AK 110,500 Cubic

(SHOAL 9- WANDO TURNING BASIN)

0001AL 35,000 Cubic

(SHOAL 10- MYERS BEND)

0001AM 52,000 Cubic

(SHOAL 11- WANDO RIVER)

ALTERNATIVE B

Project: The work consists of maintenance dredging in Charleston Harbor, Lower Reaches and Wando River. Material dredged under this contract shall be transported to and dumped within the Ocean Dredged Material Disposal Site. The minimum total estimated quantity for the base amount is approximately 1,076,500 cubic yards of material to be dredged. The maximum total quantity, including all options for approximately 1,565,500 cubic yards of material to be dredged. The work is located in Charleston County, South Carolina.

0002AA 1 Lump Sum

MOBILIZATION AND DEMOBILIZATIONFOR DREDGING OF

CHARLESTON HARBOR, LOWER REACHES AND

WANDO RIVER

0002AB 70,000 Cubic

(SHOAL 1- TIDEWATER REACH)

0002AC 256,000 Cubic

0002AD 63,000 Cubic

0002AE 24,000 Cubic

(SHOAL 4- LOWER TOWN CREEK TURNING BASIN)

0002AF 159,000 Cubic

0002AG 170,000 Cubic

0002AH 45,000 Cubic

0002AJ 183,000 Cubic

0002AK 110,500 Cubic

0002AL 35,000 Cubic

0002AM 52,000 Cubic

ALTERNATIVE C

Project: The work consists of maintenance dredging in Charleston Harbor, Lower Reaches and Wando River. Material dredged under this contract shall be transported to and dumped within the Ocean Dredged Material Disposal Site. The minimum total estimated quantity for the base amount is approximately 1,076,500 cubic yards of material to be dredged. The maximum total quantity, including all options for approximately 1,565,500 cubic yards of material to be dredged. The work is located in Charleston County, South Carolina.

0003AA 1 Lump Sum

MOBILIZATION AND DEMOBILIZATIONFOR DREDGING OF

CHARLESTON HARBOR, LOWER REACHES AND WANDO

RIVER

0003AB 70,000 Cubic

MAINTENANCE DREDGING OF UNCLASSIFIED MATERIAL (SHOAL 1-

TIDEWATER REACH)

0003AC 256,000 Cubic

0003AD 63,000 Cubic

0003AE 24,000 Cubic

MAINTENANCE DREDGING OF UNCLASSIFIED MATERIAL (SHOAL 4-

LOWER TOWN CREEK TURNING BASIN)

0003AF 159,000 Cubic

(SHOAL 5- HOG ISLAND REACH

0003AG 170,000 Cubic

(SHOAL 6- DRUM ISLAND REACH

0003AH 149,000 Cubic

0003AJ 183,000 Cubic

MAINTENANCE DREDGING UNCLASSIFIED MATERIAL

(SHOAL 8- UPPER WANDO RIVER

0003AK 110,500 Cubic

0003AL 35,000 Cubic

0003AM 52,000 Cubic

MAINTENANCE DREDGING OFUNCLASSIFIED MATERIAL

ATERNATIVE D

Project: The work consists of maintenance dredging in Charleston Harbor, Lower Reaches and Wando River. Material dredged under this contract shall be transported to and dumped within the Ocean Dredged Material Disposal Site. The minimum total estimated quantity for the base amount is approximately 1,076,500 cubic yards of material to be dredged. The maximum total quantity, including all options for approximately 1,565,500 cubic yards of material to be dredged. The work is located in Charleston County, South Carolina

0004AA 1 Lump Sum

MOBILIZATION AND DEMOBILIZATION FOR DREDGING OF

CHARLESTON HARBOR, LOWER REACHES AND WANDO RIVER

0004AB 188,000 Cubic

MAINTENANCE DREDGING OF UNCLASSIFIED MATERIAL (SHOAL 1-

TIDEWATER REACH)

0004AC 256,000 Cubic

MAINTENANCE DREDGING OF UNCLASSIFIED MATERIAL (SHOAL 2-

LOWER TOWN CREEK REACH)

0004AD 63,000 Cubic

MAINTENANCE DREDGING OFUNCLASSIFIED MATERIAL (SHOAL 3-

CUSTOM HOUSE REACH)

0004AE 24,000 Cubic

MAINTENANCE DREDGING OF UNCLASSIFIED MATERIAL (SHOAL 4-

LOWER CREEK TURNING BASIN)

0004AF 159,000 Cubic

0004AG 170,000 Cubic

0004AH 149,000 Cubic

0004AJ 183,000 Cubic

0004AK 110,500 Cubic

0004AL 35,000 Cubic

0004AM 52,000 Cubic

0005 224,000 Cubic

OPTION OPTION ONE - MAINTENANCE DREDGING OF UNCLASSIFIED

MATERIAL (SHOAL 1- TIDEWATER REACH) (DEEPEN FROM 32’ TO 37’)

0006 69,000 Cubic

OPTION OPTION TWO - UNCLASSIFIED MATERIAL MAINTENANCE DREDGING

OF SHOAL 8- UPPER WANDO RIVER (RE-DREDGE FOLLOWING

COMPLETION OF ALL SHOALS)

0007 107,000 Cubic

OPTION OPTION THREE -MAINTENANCE DREDGING OF UNCLASSIFIED

MATERIAL (SHOAL 1- TIDEWATER REACH) (DEEPEN FROM 35’ TO 37’)

BID STATEMENT

TOTAL FOR ATERNATIVE “A” $

TOTAL FOR ATERNATIVE “B” $

TOTAL FOR ATERNATIVE “C” $

TOTAL FOR ATERNATIVE “D” $

TOTAL OF OPTIONS $____________________

Based on the availability of funds, the Government will award either Alternative Bid Item A, B, C or D and all Optional Bid Items.

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).

The government reserves the right to exercise any or all optional bid items within 120 calendar days after award.The exercise of any and all optional bid items shall be subject to the availability of funds.

Enter prices where space is provided for ALL items. Failure to follow this instruction may render the bid non-responsive and the bid will not be considered for award.

All bidders are advised materially unbalanced bids may be rejected as non-responsive. See Section 00100, FAR 52.214-19 contract award-sealed bidding- construction

Quantities indicated are comprised of material within the required channel prism including the maximum optional pay slope material and two feet (2’) allowable overdepth.

LOCAL CLAUSES

52.209-4006 PLANT AND EQUIPMENT SCHEDULE

Each bidder/offeror shall submit by attachment to his bid/offer a properly executed Plant and Equipment Schedule (See Section 00600) listing thereon the plant available to the bidder/offeror and proposed for use on the work. If floating plant is required in the performance of this work, no bidder/offeror will be eligible for award whose floating plant at the time of award does not substantially meet the safety requirements of the Corps of Engineers and the contract and specifications, unless (1) such plant can be made to so conform within a reasonable time after award; and (2) the bidder/offeror will stipulate that the award is conditioned upon his making the plant to so comply within a reasonable time after award, all as determined by the Contracting Officer.

(End of paragraph)

DUNS NUMBER

The Bidders Duns Number to be associated with this Invitation for Bid is __________________

RESPONSIBILITY DETERMINATION

Before award will be made under this Invitation for Bid, a responsibility determation shall be conducted IAW FAR Part 9.104-1.

NOTE: This information is to be submitted in conjuction with offerors bid confirmation.

In order for FAR Part 9.104-1 (b)and 9.104-3(a), to be satisfied the Bidder shall provide to the Government

(1) A list of ALL other dredging projects that the bidder will be or proposes to be performing during the performce period of this requriement.

9.104-1 -- General Standards.

To be determined responsible, a prospective contractor must --

(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a));

(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(c) Have a satisfactory performance record (see 9.104-3(b) and Subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2;

(d) Have a satisfactory record of integrity and business ethics;

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See 9.104-3 (a).)

(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

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 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.232-13 Notice Of Progress Payments APR 1984 52.232-38 Submission of Electronic Funds Transfer Information with

Offer

MAY 1999

CLAUSES INCORPORATED BY FULL TEXT

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

(End of provision)

52.214-19 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)

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICED contract resulting from this solicitation.

52.231-4001 CONTRACTOR FURNISHED EQUIPMENT AND VEHICLES

(a) Except as specified at Section C, the Government does not intend to purchase, furnish nor own equipment and vehicles during the performance of this contract. These items will be contractor furnished and contractor owned and the Government will reimburse the Contractor for all reasonable ownership and operating costs.

(b) Ownership costs shall include allowances for depreciation (straight line), and may include cost of facilities capital as determined by the provisions of FAR. The Government will only allow reimbursement for depreciation based on equipment life expectancy as determined by the equipment manufacturer or other source acceptable to the Contracting Officer. The depreciation allowance for fully depreciated equipment and vehicles shall not exceed 50% of the normal depreciation allowance.

(c) License, fuel permits, taxes, storage, and insurance costs are considered indirect costs and shall be reimbursed as such.

(d) If the Contractor leases equipment and vehicles, the government will pay all reasonable lease costs as determined by the Contracting Officer. A copy of the lease shall be furnished to the Contracting Officer’s Representative within five (5) working days after the lease is consummated.

(e) Excessive stand-by costs, as determined by the Contracting Officer, will not be allowed. Stand-by time (and the costs thereof) are defined as those periods during which equipment is kept on project in an idle capacity in readiness for performance of tasks.

(f) The Government reserves the right to approve all equipment and vehicles prior to their use on the work site. All such equipment and vehicles shall be in good working order, be mechanically/electrically sound, and owned or controlled by the contractor or his subcontractor.

(g) A vehicle log shall be maintained for each piece of equipment and each vehicle that uses either gasoline, diesel fuel, batteries, and/or tires. This log shall, as a minimum, show the date, mileage/hours, fuel quantity, batteries, and tires that were added.

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 Mr. Henry Wigfall Jr., U.S Army Corp of Engineers – Savannah District at Charleston, 69A Hagood Ave, Charleston, SC 29403-5107.

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

52.236-4011 Disclosure of Magnitude of Construction (FAR 36.204 and DFARS 236.204)

The estimated price range for this project is between

5,000,000.00 and 10,000,000.00 .

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

(End of provision

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Requlation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (AUG 1999)

(a) The offeror is requested to enter its CAGE code on its offer in the block with its name and address. The CAGE code entered must be for that name and address. Enter “CAGE” before the number.

(b) If the offeror does not have a CAGE code, it may ask the Contracting Officer to request one from the Defense Logistics Information Service (DLIS). The Contracting Officer will--

(1) Ask the Contractor to complete section B of a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code;

(2) Complete section A and forward the form to DLIS; and

(3) Notify the Contractor of its assigned CAGE code.

(c) Do not delay submission of the offer pending receipt of a CAGE code.

Section 00600 - Representations & Certifications

52.209-5 Certification Regarding Responsibility Matters DEC 2008 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-26 Equal Opportunity MAR 2007 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government

JUN 2005

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.225-7006 Quarterly Reporting of Actual Contract Performance Outside the United States

MAY 2007

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

252.247-7023 Transportation of Supplies by Sea MAY 2002

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of clause)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is 20.0MIL .

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225- 1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Certification.

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

52.204-4005 Online Representations and Certifications Application (ORCA).

Beginning January 1, 2005, the Federal Acquisition Regulation (FAR) requires the use of ORCA in Federal solicitations as a part of the proposal submission process. ORCA is a web-based system that centralizes and standardizes the collection, storage and viewing of many of the representations and certifications required by the Federal Acquisition Regulations and previously found in solicitations. Prospective contractors must complete the electronic representations and certifications through ORCA at http://orca.bpn.gov. The representations and certifications submitted to ORCA must be updated as necessary but at least annually to maintain an active status. In addition to the use of ORCA as required by other clause or clauses in this solicitation, prospective contractors must complete the representations and certifications included in this solicitation.

52.219-2 EQUAL LOW BIDS. (OCT 1995)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus area as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (DEC 2001)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C.

4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), it has submitted the most recent VETS-100 Report required by that clause.

52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

(a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award.

(b) By signing this offer, the offeror certifies that--

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to- Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons:

(Check each block that is applicable.)

( ) (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;

( ) (ii) The facility does not have 10 or more full-time employees as specified in section 313.(b)(1)(A) of EPCRA 42 U.S.C. 11023(b)(1)(A);

( ) (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

( ) (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors:

(A) Major group code 10 (except 1011, 1081, and 1094.

(B) Major group code 12 (except 1241).

(C) Major group codes 20 through 39.

(D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).

(E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), 5169, 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or

( ) (v) The facility is not located within the United States or its outlying areas.

LOCAL CLAUSES

52.209-4001 PLANT AND EQUIPMENT SCHEDULE—LIST

Note: See the paragraph in Section 00800 entitled PLANT and the paragraph in Section 00100 entitled PLANT

AND EQUIPMENT SCHEDULE.

Available Plant To Be Used

Number Type Capacity Manufacturer Age & Condition Location

Number Type Capacity Manufacturer Age & Condition Location

*NOTE: Provide separate table for each type of equipment such as excavation, pile driving, concrete plant, material handling, etc. Use separate line for each major item. Use additional page if necessary.

NOTE FOR DREDGING:

1. In preparing the above tabulation, the bidder shall insert the following information under the appropriate heading, using a separate line for each major item. Use additional pages if necessary.

a. Number. For dredges, give identifying number and name.

b. Type. Under this heading, give description as follows:

For bucket and hopper dredges, show bucket capacity in cubic yards, horsepower of hoist engine, type of power, and number of swings per hour; for pipeline dredges, show inside diameter of discharge pipe, horsepower of pump engine, and type of power.

c. Capacity. Under this heading, state the estimated capacity of the plant in cubic yards per month when working materials similar to those which it is anticipated will be encountered in performance of work.

2. The following statement will be executed by all bidders: The plant ( ) will, ( ) will not, have the facilities for furnishing the meals required by the "Accommodations and Meals for Inspectors" paragraph of the contract.

(End of schedule)

52.209-4002 CERTIFICATE OF AUTHORITY TO BIND CORPORATION

Offeror, if a corporation, shall cause the following certificate to be executed under its corporate seal. The same officer shall not sign both the offer and this certificate.

CERTIFICATE

I, ______________________________________________, (Name) ______________________________________ of the corporation named as Offeror

(Title) herein, certify that ______________________________________________, who

(Name of person who signed offer) signed this offer on behalf of the corporation (Offeror), was then

____________________________________ of said corporation, and that said offer was duly signed for and on behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

(Signature)

(CORPORATE

SEAL)

(Typed Name)

52.219-4005 SUBCONTRACTING REPRESENTATION

(a) Part of the work included in this offer ( ) will, ( ) will not, be subcontracted. Subcontractor ( ) is, ( ) is not, a Small Business Concern as defined in the provision entitled SMALL BUSINESS CONCERN

REPRESENTATION.

(b) Part of the work included in this offer ( ) will, ( ) will not, be subcontracted to a Small Disadvantaged Business Concern as defined in the provision entitled SMALL DISADVANTAGED BUSINESS CONCERN

REPRESENTATION.

Name and Address of Subcontractor: ___________________________________ Estimated percentage of work to be subcontracted: ____________________ Type of work to be subcontracted: ____________________________________

Section 00700 - Contract Clauses

52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On…