AIWWSC-(IFB) W912HN-09-B-0027.pdf

1)This solicitation is a 100% Small Business Set-Aside.

2)The NAICS Code is 237990 w ith size standard of $33.5M. To be considered a small business for the purpose of this acquisition, a f irm must perform at least 40 percent of the volume dredge w ith its ow n equipment or the equipment ow ned by another small dredging concern.

3)Maintenance dredging of approximately 952,400 cubic yards of unclassif ied material from the Atlantic Intracoastal Waterw ay betw een Winyah Bay and Ashepoo River- Charleston Colleton, and Georgetow n Counties, South Carolina. Material shall be deposited in the designated disposal.

4)MAGNITUDE OF WORK is $1,000,000 to $5,000,000.

To form a bid, bidders shall submit a signed original of the solicitation, Off icer and Aw ard (SF 1442), the bid schedule (Section 00010), Representation and Certif ications (Section 00600).

5)Bid contains Additives, see Contract Clause 252.236-7007 (Section 00800)

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

10-Jun-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 _______30 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 ______________11 Aug 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-0027 34

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-0027

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

RECOVERY- MAINTENANCE DREDGING IN THE ATLANTIC

INTERCOASTAL WATER WAY, BETWEEN WINYAH BAY TO ASHEPOO

RIVER, CHARLESTON, COLLETON, AND GEORGETOWN COUNTY,

SOUTH CAROLINA.

FOB: Destination

NET AMT

7000AA 1 Lump Sum

RECOVERY-MOBILIZATION AND DEMOBILIZATIONFOR SPECIFIED

WORK

7000AB 767,400 Cubic

Yard

RECOVERY-MAINTENANCE DREDGING OF UNCLASSIFIED MATERIAL

FROM (SHOALS 2,4,6,7,8,9,10,12,13,14,17, AND 19)

7000AC 1 Lump Sum

RECOVERY-REPAIR SPILLWAYS/PIPE REPLACEMEMENT AT DISPOSAL

AREA 364N W-C

7000AD 1 Lump Sum

RECOVERY-INSTALL SPILLWAY/PIPE AT DISPOSAL AREA 1764 C-P

7000AE 1 Lump Sum

RECOVERY-REPAIR DIKE AT DISPOSAL AREA645S W-C

7001 42,100 Cubic

FROM SHOAL 5: ADDITIVE 1 (LINE ITEM REFERENCED AS 7000AF IN

SPECIFICATIONS)

7002 54,500 Cubic

FROM SHOAL 3: ADDITIVE 2 (LINE ITEM REFERENCED AS 7000AG IN

7003 32,500 Cubic

FROM SHOAL 1: ADDITIVE 3 (LINE ITEM REFERENCED AS 7000AH IN

7004 23,400 Cubic

FROM SHOAL 15: ADDITIVE 4 (LINE ITEM REFERENCED AS 7000AI IN

7005 1 Lump Sum

RECOVERY-REPAIR SPILLWAY/PIPE REPLACEMENT AT DISPOSAL

AREA 1595-CP: ADDITIVE 5 (LINE ITEM REFERENCED AS 7000AJ IN

7006 14,800 Cubic

RECOVERY-MAINTENANCE DREDGING OF UNCLASSIFIED MATERAIL

FROM SHOAL 16: ADDITIVE 5 (LINE ITEM REFERENCED AS 7000AK IN

7007 11,900 Cubic

RECOVERY-MAINTENANCE DREDGING OF UNCLASSIFIED MATERAIL

FROM SHOAL 18: ADDITIVE 6 (LINE ITEM REFERENCED AS 7000AL IN

7008 5,800 Cubic

FROM SHOAL 11: ADDITIVE 7 (LINE ITEM REFERENCED AS 7000AM IN

BID STATEMENT

TOTAL FOR BASE CLINS 7000AA-7000AE $___________________________

TOTAL FOR ADDITIVE 1 CLIN 7001 $___________________________

TOTAL FOR ADDITIVE 2 CLIN 7002 $___________________________

TOTAL FOR ADDITIVE 3 CLIN 7003 $___________________________

TOTAL FOR ADDITIVE 4 CLIN 7004 $___________________________

TOTAL FOR ADDITIVE 5 CLINS 7005 AND 7006 $___________________________

TOTAL FOR ADDITIVE 6 CLIN 7007 $___________________________

TOTAL FOR ADDITIVE 7 CLIN 7008 $___________________________

TOTAL FOR BASE & ADDITIVE CLINS $___________________________

Based on the availability of funds, the Government intends to award either Base Bid items and Additive Items in accordance with Contract Clause 252.236-7007 (section 0800). Additive Line Items priority basis is Additive 1 being the greatest to Additive 7 being the least.

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

Section 00100 - Bidding Schedule/Instructions to Bidders

52.200-4803

52.200-4803 ADMINISTRATIVE, APPROPRIATION, AND ACCOUNTING DATA

(a) Partial payments will be made monthly for the amount and value of the work and services performed uponsubmission of ENG Form 93, "Payment Estimate-Contract Performance". This estimate will be forwarded to and verified by the Contracting Officer's Representative utilizing the progress report submitted by the Contractor and independent analyses of progress. Sample format for ENG Form 93 will be provided to the Contractor by theContracting officer's Representative upon contract award.

(b) Submit requests for payment (Original and one copy) to:

U.S. Army Corps of Engineers, Charleston Attn: CESAC-TS-OL 1050 Remount Road, Bldg 3555 North Charleston, SC 29406

(c) Payments will be made by:

USACE Finance Center (EROC: K2) Attn: CEFC-AO-P 5720 Integrity Drive Millington, TN 38054

(End of paragraph)

52.209-4006

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 Clause)

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984

52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-10 Contract Award--Sealed Bidding JUL 1990 52.214-12 Preparation Of Bids APR 1984 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 52.217-5 Evaluation Of Options JUL 1990

52.219-4003 PRICE EVALUATION ADJUSTMENT FOR SMALL

DISADVANTAGED BUSINESSES DOES NOT APPLY

JAN 2004

52.223-13 Certification of Toxic Chemical Release Reporting AUG 2003 52.232-13 Notice Of Progress Payments APR 1984 52.232-38 Submission of Electronic Funds Transfer Information with

Offer

MAY 1999

52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-27 Site Visit (Construction) FEB 1995 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 252.204-7001 Commercial And Government Entity (CAGE) Code

Reporting

AUG 1999

CLAUSES INCORPORATED BY FULL TEXT

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 60 calendar days (60 calendar days unless a different period is inserted by the bidder) from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of clause)

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 Price contract resulting from this solicitation.

(End of provision)

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

Savannah Regional Contracting Center Charleston Office

69-A Hagood Avenue Charleston, SC 29403

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

BID BOND

A bid bond in the amount of 20% of the bid price is required (Sect 00700).

To form a bid, bidders are required to submit a signed original of the Solicitation, Offer and Award (SF 1442), the bid schedule (Sect 00010), Representations and Certifications (Sect 00600).

Section 00600 - Representations & Certifications

52.209-4001

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

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

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: ____________________________________

52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-3 Taxpayer Identification OCT 1998 52.209-5 Certification Regarding Responsibility Matters DEC 2008 52.219-1 Alt I Small Business Program Representations (May 2004)

Alternate I

APR 2002

52.219-2 Equal Low Bids OCT 1995 52.219-19 Small Business Concerns Representation For The Small

Business Competitiveness Demonstration Program

OCT 2000

52.219-21 Small Business Size Representation For Targeted Industry Categories Under The Small Business Competitiveness Demonstration Program

MAY 1999

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

DEC 2001

52.223-13 Certification of Toxic Chemical Release Reporting AUG 2003 52.226-2 Historically Black College or University and Minority

Institution Representation

OCT 2008

252.247-7022 Representation Of Extent Of Transportation Of Supplies By Sea

AUG 1992

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

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

(2) The small business size standard is 20 Mil .

(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) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.

(4) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern," means a small business concern --

(1) That is at least 51 percent owned by one or more women; in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

Section 00700 - Contract Clauses

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-5 Women-Owned Business (Other Than Small Business) MAY 1999 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.214-26 Audit and Records--Sealed Bidding MAR 2009 52.214-27 Price Reduction for Defective Cost or Pricing Data -

Modifications - Sealed Bidding

OCT 1997

52.214-28 Subcontracting Cost Or Pricing Data--Modifications--Sealed Bidding

OCT 1997

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-14 Limitations On Subcontracting DEC 1996 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records FEB 1988 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003

52.223-6 Drug-Free Workplace MAY 2001 52.223-13 Certification of Toxic Chemical Release Reporting AUG 2003 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.225-10 Notice of Buy American Act Requirement--Construction

Materials

FEB 2009

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets FEB 1992 52.228-14 Irrevocable Letter of Credit DEC 1999 52.228-15 Performance and Payment Bonds--Construction NOV 2006 52.229-3 Federal, State And Local Taxes APR 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-17 Interest OCT 2008 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.232-25 Prompt Payment OCT 2008 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 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 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys 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 52.248-3 Value Engineering-Construction SEP 2006 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (May 2004) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 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 JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials

APR 1993

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.227-7033 Rights in Shop Drawings APR 1966

252.242-7000 POST AWARD CONFERENCE MAY 2007

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

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

33% 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 Charleston, Colleton, and Georgetown Counties, South Carolina.

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FEB 2009)

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

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 _20___ percent of the bid price or $_3_million____, whichever is less.-

(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.

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):

www.arnet.gov/far

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Section 00800 - Special Contract Requirements

52.211-4004

52.211-4004 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

(SUPPLEMENTAL INSTRUCTIONS INCLUDED) DREDGING

The Contractor shall be required to (a) commence work under this contract within the number of calendar days after the date the Contractor receives notice to proceed as specified below in the supplemental instructions, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the time determined for completion as specified below in the supplemental instructions. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

Supplemental Instructions:

(a) Commencement of Work

The Contractor shall be required to commence work under this contract within 30 calendar days after the date the Contractor receives notice to proceed.

(b) Prosecution and Completion of Work

The Contractor will be required to prosecute the dredging work at an average rate of not less than 150,000 cubic yards per month and to complete it within the number of days after the limiting date fixed for commencement;

determined by applying the average monthly rate above stipulated to the total quantity of material actually removed and to be paid for under the contract; provided that the quantity of material removed in any one month shall in no case be less than 75,000cubic yards; provided, further that no waiver by the Contracting Officer of any failure of the Contractor to make in any month or series of months the rate of progress required by this paragraph shall be construed as relieving the Contractor from the obligation to make up the deficiency in future months and to complete the entire work within the time allowed by the contract. The time thus determined for completion shall include final clean up of the premises.

(c) Performance of Dredging Work for Others Outside the Requirements of this Contract

In the event the Contractor elects to perform dredging work contiguous to the project area but outside the requirements of this contract (i.e., for Federal, State, or local activities – “third party”), the Contractor shall have the approval of the Contracting Officer prior to moving off the construction site to perform third party work.

Reasonable adjustments in time may be granted the Contractor to perform this work at the discretion of the Contracting Officer. Time allotted may include time to relocate pipelines, dredge plant and to perform the third party work; however, it shall not include time for plant maintenance or similar delays that postpone resumption of work under this contract. The Contractor shall be responsible for the cost of any additional surveys required due to delays caused by this interruption of work.

(End of supplemental instructions)

52.211-4001

52.211-4001 VARIATION IN ESTIMATED QUANTITY – DREDGING

(a) Read this clause in conjunction with the clause entitled VARIATION

IN ESTIMATED QUANTITY (FAR 52.211-18).

(b) Where the quantity of a pay item in this contract is an estimated quantity and where the actual quantity of material within the required dredging prism varies more than 15 percent above or below the stated estimated quantity within the required dredging prism, an equitable adjustment in the contract unit price will be made upon demand of either party. The equitable adjustment will be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity within the required dredging prism.

No consideration for an adjustment in the contract unit price will be given for any variation in quantities of material below the required prism or outside the associated side slope lines, and such quantities will not be subject to any adjusted unit price.

52.236-4031(A) 52-236-4031a PLANT

The contractor agrees to keep on the job sufficient plant to meet the requirements of the work. The plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work as set forth in the specifications. Inspection of equipment listed in “Plant and Equipment Schedule” shall be made prior to commencement of work in order to determine if it is satisfactory so as to meet the requirements of the work. The plant shall be subject to inspection by the Contracting Officer and U.S. Coast Guard at all times. The plant listed on the Plant and Equipment Schedule, ENG Form 1619-R, is the minimum which the contractor agrees to place and maintain on the job unless otherwise determined by the Contracting Officer, and its listing thereon is not to be construed as an agreement on the part of the Government that it is adequate for the performance of the work.

(End of Clause)

LOCAL 52.222-4003

LOCAL 52.222-4003 REQUIRED WAGE RATES-CONSTRUCTION

General Decision Number: SC080036 10/03/2008 SC36

Superseded General Decision Number: SC20070036

State: South Carolina

Construction Type: Heavy Dredging

DREDGING

Counties: South Carolina Statewide.

STATEWIDE

DREDGING

Modification Number Publication Date 0 02/08/2008 1 10/03/2008

* ENGI0025-002 10/01/2008

Rates Fringes

Dredging :

CLASS A.....................$ 25.85 6.40+a CLASS B1....................$ 22.80 6.40+a CLASS B2....................$ 22.30 6.40+a CLASS C1....................$ 20.80 6.30+a CLASS C2....................$ 19.80 6.30+a CLASS D(a)..................$ 14.89 6.20+a CLASS D.....................$ 16.85 6.20+a Hydraulic Dredges Under 20" Cook........................$ 8.11 1.73+b Deckhand....................$ 7.77 1.73+b Engineer....................$ 9.59 1.73+b Launchman...................$ 8.19 1.73+b Leverman....................$…