W912HP-18-B-0001_Solicitation_FY18_Upper_Harbor_Dredging.pdf

FY 18 UPPER HARBOR DREDGING:

The w ork consists of maintenance dredging approximately 1,720,000 cubic yards of unclassif ied material from Charleston Upper Harbor, TC

Dock, MARAD Piers S, T, U, and Joint Base Charleston Channel, Charleston and Berkeley Counties, South Carolina shall be deposited in the

Clouter Creek Placement Area, Middle Cell and Highw ay Cell, and Joint Base Charleston Placement Area. The w ork includes complying w ith the requirements of the Endangered Species Act and the Marine Mammals Protection Act.

MAGNITUDE OF WORK: $5,000,000 TO 10,000,000

The North American Industry Code (NAICS) is 237990, Other Heavy and Civil Engineering w ith a SBA Business Size Standard of

$27,500,000.00 for Dredging.

The Contractor must be registered in System for Aw ard Management (SAM). The Solicitation and any subsequent Amendments w ill only be available in electronic format dow nloadable from the internet. Bidders must be registered at the Federal Business Opportunity w ebsite

(w w w .fbo.gov) in order to view or dow nload Solicitation documents. It is the responsibility of bidders to monitor the FBO w ebsite for Notices and Amendments.

This is a 100% Small Business Set-Aside

X

EUGENE M BURNS 843-329-8194

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

08-Nov-2017

(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 _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (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 CORPS OF ENGINEERS, CHARLESTON

DISTRICT, CONTRACTING DIVISION

69-A HAGOOD AVENUE

CHARLESTON SC 29403

W912HP

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

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

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

843-329-2322FAX:TEL: 843-329-8060 TEL: FAX:

W912HP18B0001 31

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

W912HP18B0001

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization and Demobilization-Maintenance Dredging in Charleston Lower

Harbor.

FOB: Destination

NET AMT

0002 175,000 Cubic

Yard

Dredging of Unclassified Maintenance Material in Shoal 2- Daniel Island Reach

0003 73,000 Cubic

Dredging of Unclassified Maintenance Material in Shoal 3- Daniel Island.

0004 40,000 Cubic

Dredging of Unclassified Maintenance Material in Shoal 4- Navy Yard Reach

(Right)

0005 18,000 Cubic

Dredging of Unclassified Maintenance Material in Shoal 5- Navy Yard Reach

(Left)

0006 30,000 Cubic

Dredging of Unclassified Maintenance Material in Shoal 6- Port Terminal Reach

0007 210,000 Cubic

Dredging of Unclassified Maintenance Material in Shoal 7- Ordinance Reach

0008 535,000 Cubic

Dredging of Unclassified Maintenance Material in Shoal 8- Ordinance Reach

Turning Basin

0009 160,000 Cubic

OPTION Dredging of Unclassified Maintenance Material in Shoal 1- Shipyard River

0010 1 Job OPTION Mobilization and Demobilization-Maintenance Dredging in TC DOCK.

0011 50,000 Cubic

OPTION Dredging of Unclassified Maintenance Materilal in TC Dock

0012 1 Job OPTION Mobilization and Demobilization-Maintenance Dredging in MARAD PIERS S, T, U

0013 204,000 Cubic

OPTION Dredging of Unclssified Maintenance Material in MARAD PIERS S, T, U

0014 1 Job OPTION Mobilization and Demobilization-Maintenance Dredging in Joint Base Charleston

JBC 4 and JBC 4A

0015 225,000 Cubic

OPTION Dredging of Unclassified Maintenance Material in Joint Base Charleston JBC 4 and JBC 4A

Section 00 20 00 - Instructions for Procurement

BID SCHEDULE

BIDDING SCHEDULE

ITEM

NO.

DESCRIPTION

ESTIMATED

QUANTITY

U/I UNIT PRICE AMOUNT

BASE

0001 MOBILIZATION AND

DEMOBILIZATION –

MAINTENANCE DREDGING IN

CHARLESTON LOWER HARBOR

1 JA LUMP SUM $_________

0002 DREDGING OF UNCLASSIFIED

MAINTENANCE MATERIAL IN

SHOAL 2 - DANIEL ISLAND

REACH

175,000 CY $_________ $_________

0003 DREDGING OF UNCLASSIFIED

MAINTENANCE MATERIAL IN

SHOAL 3 - DANIEL ISLAND

BEND

73,000 CY $_________ $_________

0004 DREDGING OF UNCLASSIFIED

MAINTENANCE MATERIAL IN

SHOAL 4 - NAVY YARD REACH

(RIGHT)

40,000 CY $_________ $_________

0005 DREDGING OF UNCLASSIFIED

MAINTENANCE MATERIAL IN

SHOAL 5 - NAVY YARD REACH

(LEFT)

18,000 CY $_________ $_________

0006 DREDGING OF UNCLASSIFIED

MAINTENANCE MATERIAL IN

SHOAL 6 - PORT TERMINAL

REACH

30,000 CY $_________ $_________

0007 DREDGING OF UNCLASSIFIED

MAINTENANCE MATERIAL IN

SHOAL 7 - ORDNANCE REACH

210,000 CY $_________ $_________

0008 DREDGING OF UNCLASSIFIED

MAINTENANCE MATERIAL IN

SHOAL 8 - ORDNANCE REACH

TURNING BASIN

535,000 CY $_________ $_________

TOTAL (COMBINATION OF BASE

BID ITEMS 0001-0008)

OPTIONS

009 DREDGING OF UNCLASSIFIED

MAINTENANCE MATERIAL IN

SHOAL 1 - SHIPYARD RIVER

160,000 CY $_________ $_________

0010 MOBILIZATION AND

DEMOBILIZATION –

MAINTENANCE DREDGING IN TC

DOCK

1 JA JOB $_________

0011 DREDGING OF UNCLASSIFIED

MAINTENANCE MATERIAL IN TC

DOCK

50,000 CY $_________ $_________

0012 MOBILIZATION AND

DEMOBILIZATION –

MAINTENANCE DREDGING IN

MARAD PIERS S, T, U

1 JA JOB $_________

0013 DREDGING OF UNCLASSIFIED

MAINTENANCE MATERIAL IN

MARAD PIERS S, T, U

204,000 CY $_________ $_________

0014 MOBILIZATION AND

DEMOBILIZATION –

MAINTENANCE DREDGING IN

JOINT BASE CHARLESTON JBC 4

& JBC 4A

1 JA JOB $_________

0015 DREDGING OF UNCLASSIFIED

MAINTENANCE MATERIAL IN

JOINT BASE CHARLESTON JBC 4

& JBC 4A

225,000 CY $_________ $_________

TOTAL (COMBINATION OF

OPTIONAL BID ITEMS 0009-

0015)

TOTAL

TOTAL (COMBINATION OF ALL

BID ITEMS 0001-0015)

STATEMENT

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 FAR 52.214-19 Contract Award – Sealed Bidding – Construction.

Quantities indicated are ESTIMATED and are comprised of material within the required channel prism including the maximum optional pay slope material and allowable overdepth, as depicted on the Contract Drawings.

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015

52.204-6 Unique Entity Identifier OCT 2016

52.214-3 Amendments To Invitations For Bids DEC 2016

52.214-4 False Statements In Bids APR 1984

52.214-5 Submission Of Bids DEC 2016

52.214-6 Explanation To Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-14 Place Of Performance--Sealed Bidding APR 1985

52.214-18 Preparation of Bids-Construction APR 1984

52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.232-13 Notice Of Progress Payments APR 1984

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 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)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of provision)

52.228-1 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 $3,000,000, 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.

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers, Charleston District, Contracting Division 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.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: KEVIN WIDNER

Address: 1055 REMOUNT ROAD, BUILDING 3555

NORTH CHARLESTON, SC 29406-3529

Telephone: (843) 329-8216

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):

Federal Acquisition Regulation (FAR) can be found at the following website:

https://acquisition.gov/far/index.html.

Defense Federal Acquisition Regulation Supplement (DFARS) procedures guidance and information can be found at the following website:

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

PRE BID TELECONFERENCE

A Pre-Bid Conference will be held via teleconference on 13 November 2017 at 10:00 A.M. Eastern Standard

Time. Teleconference call in information will be provided prior to conference being held.

POC: WES WILSON

PHONE NUMBER 888-684-8852

ACCESS CODE 5559526

Security Code 6271

BIDDER INQUIRY

Technical inquiries are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org\projnet. Bidder Inquiry

Key: 6D4REV-826V7R. All questions regarding this RFP must be submitted in writing via aforementioned method no later than 27 November 2017, 4:00 PM EST. The Government reserves the right to decline addressing questions or inquiries received after this date. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into the system. To self-register go to the webpage, click BID tab, select

Bidder Inquiry, select agency USACE, enter Key for this solicitation listed above, and your e-mail address, click login. Fill in all required information and click create user. Verify the information on the next screen is correct and then click continue. From this page you may view all bidder inquiries or add an inquiry. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

Section 00 45 00 - Representations and Certifications

52.204-7 System for Award Management OCT 2016

52.204-8 Annual Representations and Certifications JAN 2017

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.228-15 Performance and Payment Bonds--Construction OCT 2010

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign

Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities--

Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of

Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the

Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM 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 FAR 52.204-8(c) and paragraph (d) 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, identifying change by provision 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/DFARS 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 located in the SAM database.

LOCAL PROVISIONS

PLANT AND EQUIPMENT SCHEDULE—LIST

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)

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)

(End of paragraph)

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: ____________________________________

(End of paragraph)

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

Basis for Settlement of Proposals Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206‐2(b). In evaluating a terminations settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(2) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205‐11).

(5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

End of clause)

[END OF LOCAL PROVISIONS]

Section 00 70 00 - Conditions of the Contract

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-15 Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009

JUN 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.211-13 Time Extensions SEP 2000

52.219-8 Utilization of Small Business Concerns NOV 2016

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- Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records MAY 2014

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014

52.222-16 Approval of Wage Rates MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-99 Establishing a Minimum Wage for Contractors

(DEVIATION)

JUN 2014

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

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

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-11 Pledges Of Assets JAN 2012

52.228-14 Irrevocable Letter of Credit NOV 2014

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17 Interest MAY 2014

52.232-18 Availability Of Funds APR 1984

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-19 Organization and Direction of the Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.244-6 Subcontracts for Commercial Items JAN 2017

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction OCT 2015

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7004 Drug Free Work Force SEP 1988

252.225-7012 Preference For Certain Domestic Commodities DEC 2016

252.227-7033 Rights in Shop Drawings APR 1966

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

252.242-7000 POST AWARD CONFERENCE MAY 2007

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea APR 2014

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

Section 00 73 00 - Supplementary Conditions

52.236-16 Quantity Surveys APR 1984

52.236-17 Layout of Work APR 1984

252.236-7002 Obstruction of Navigable Waterways DEC 1991

FAR 52.211-0010 - COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract (see supplemental instructions), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (see supplemental instructions). The time stated for completion shall include final cleanup of the premises.

(End of Clause)

Supplemental Instructions:

1. Charleston Upper Harbor (Shoals 1-8) AND JOINT BASE CHARLESTON (JBC 4 & JBC 4A)

(a) Prosecution of Work

The Contractor will be required to commence dredging under this contract within 30 calendar days after the date of receipt by him of Notice to Proceed. The Contractor will be required to prosecute the said work at an average rate of not less than 300,000 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 250,000 cubic 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.

(b) Continuously Working

The Contractor shall maintain adequate plant on site to have an average production rate of 300,000 cubic yards per month and shall work continuously for every consecutive calendar month until the project is completed.

The number of days allowed for completion after the limiting date fixed for commencement shall be 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, 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) Performing 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 approval of the Contracting Officer prior to moving off 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 also be responsible for the cost of any additional surveys required due to delays caused by this interruption of work.

2. TC Dock AND MARAD PIERS S, T, U

(a) Prosecution of Work

The Contractor will be required to commence dredging work under this contract when directed by the

Contracting Officer and to prosecute the dredging work at an average rate of 3,000 cubic yards per day and to complete it within the number of days allowed after the commencement of dredging on this shoal.

(b) Continuously Working

The Contractor shall maintain adequate plant on site to have an average production rate of 3,000 cubic yards per day and shall work continuously for every consecutive calendar day until the project is completed.

The number of days allowed for completion after the limiting date fixed for commencement shall be determined by applying the daily rate above stipulated to the total quantity of material actually removed and to be paid for under the contract; provided, further that no waiver by the Contracting Officer of any failure of the Contractor to make in any daily or series of daily 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 days 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) Scheduling of Dredging

TC DOCK

Due to regular scheduled TC Dock usage, the dredge may have delays, required pull offs, standby time, etc., until TC Dock is clear of vessels and available for dredging work. The Contractor shall coordinate dredging work with the Joint Base Charleston personnel and schedule the dredging of the TC Dock around the pier usage.

In addition, the Contractor must comply with Joint Base Charleston safety and security requirements which could result in temporary movement of all vessels to a safe zone, etc.

MARAD Piers S, T, U

Due to regular scheduled pier usage, the dredge may have delays, required pull offs, standby time, etc., until piers are clear of vessels and available for dredging work. The Contractor shall coordinate dredging work with

MARAD personnel and schedule the dredging of the piers around vessel usage. In addition, the Contractor must comply with MARAD safety and security requirements which could result in temporary movement of all vessels to a safe zone, etc.

(d) Performing 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 approval of the Contracting Officer prior to moving off 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 also be responsible for the cost of any additional surveys required due to delays caused by this interruption of work.

(End of supplemental instructions)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1907.00 calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall 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. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 40 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting

Officer determines that the reduction would be to the advantage of the Government.

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the results of surveys performed for the Charleston District, Corps of Engineers and site investigations performed by Charleston District personnel.

(b) Weather conditions, transportation facilities and other pertinent information are specified in Section 01 10 00, Paragraph “PHYSICAL CONDITIONS AND DATA”.

DFARS 252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall-

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors which might have been avoided by complying with this paragraph (b);

and,

(5) Reproduce and print contract drawings and specifications as needed.

(c) In General—

(1) Large scale drawings shall govern small scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

TITLE FILE DRAWING NO.

FY18 CHARLESTON UPPER

HARBOR MAINTENANCE

DREDGING

(in 13 sheets)

9596 W912HP-18-B-0001

DFARS 252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) Sixty (60%) percent of the lump sum price upon completion of the Contractor's mobilization at the work site.

(2) The remaining forty (40%) percent upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the

Contracting Officer believes that the percentages in paragraphs (a)(1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of-

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization; and,

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to appeal.

WAGE RATES

General Decision Number: SC170056 11/03/2017 SC56

Superseded General Decision Number: SC20160056

State: South Carolina

Construction Type: Heavy

Counties: Berkeley and Dorchester Counties in South Carolina.

HEAVY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January

1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017.

The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/06/2017

1 11/03/2017

* IRON0848-001 02/01/2017

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 24.50 13.25

PLUM0421-005 07/01/2016

PIPEFITTER.......................$ 26.50 11.45

SUSC2011-047 11/02/2011

CARPENTER, Includes Form Work....$ 14.85 0.00

LABORER: Common or General......$ 11.64 2.53

LABORER: Pipelayer..............$ 12.55 1.82

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 15.54 2.20

OPERATOR: Grader/Blade..........$ 20.11 1.39

OPERATOR: Loader................$ 10.50 1.98

TRUCK DRIVER.....................$ 15.65 2.79

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or

"UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should…