Amend_0002.pdf

W45VAK90531084

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to correct some descrepancies discovered during the ProjNet Bidder inquiry session. Specif ically, this amendment addresses the follow ing sections of the solicitation:

SECTION 00 21 00, INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

SECTION 00 22 11, PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, AND BASIS OF AWARD

1. CONTRACT ID CODE PAGE OF PAGES

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912HY19R0007

X 9B. DATED (SEE ITEM 11)

09-Aug-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

30-Sep-2019

CODE

USAED, GALVESTON

CONTRACTING DIVISION

2000 FORT POINT ROAD

GALVESTON TX 77550-1229

W912HY 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HY19R0007

A0002-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for RFP No. W912HY19R0007 Multiple Award Task Order Contracts (MATOC) for Rapid Response Pipeline Dredging for Unanticipated Shoaling for Deep and Shallow Draft Navigation Channels Within the Galveston District, Texas, for which proposals are due 4 October 2019 at 2:00 PM, are hereby amended as follows:

a) Specifications.

(1) SECTION 00 21 00, INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS -

The enclosed SECTION 00 21 00 entitled INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS supersedes that issued with this RFP.

(2) SECTION 00 22 11, PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION

CRITERIA AND BASIS OF AWARD – The enclosed SECTION 00 22 11 entitled PROPOSAL

SUBMISSION REQUIREMENTS, EVALUATION CRITERIA AND BASIS OF AWARD

supersedes that issued with this RFP.

2. This amendment shall be attached to and become a part of the solicitation.

2 Encls:

1. SECTION 00 22 11, PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA

AND BASIS OF AWARD

2. SECTION 00 21 00, INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

Section 00 21 00 – Page 1

(TO ACCOMPANY AMENDMENT NO. 0002 TO RFP W912HY19R0007)

Section 00 21 00 - Instructions, Conditions and Notices to Offerors

AMENDMENT NO. 0002

1.0 SOLICITATION AND CONTRACT AWARD. The Government intends to issue this solicitation as an Unrestricted Request for Proposal (RFP) and to award a minimum of three (3) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC’s) from the Unrestricted pool and a minimum of two (2) from the Small Business set-aside pool. The maximum number of contract awards will be dependent upon the number of Offerors whose proposals the Source Selection Authority determines to meet the requirements of acceptability as set forth herein.

1.1 The Solicitation number is W912HY19R0007.

(a) A pre-proposal conference will be held September 3, 2019 at 2;00 CST at the Galveston District Headquarters Building at:

Jadwin Building 2000 Fort Point Road Galveston, TX 77553

Please ensure that each attendee bring a valid driver’s license to gain access to the facility. Although all interested parties are highly encouraged to attend in person, the conference can be attended via WEBEX. Go to the site and logon for the conference at: https://usace.webex.com/meet/aron.s.edwards or by Conference Call:

1-888-557-8511 Access Code: 6218268 Security: 1234

(b) Contractors interested in being considered for a MATOC award will be required to submit a proposal in accordance with the instructions contained herein.

1.3 AMD#2 Contractors will be required to submit proposals in accordance with Section 00 22 11 00 22 10.01 45 PROPOSAL SUBMITTAL AND EVALUATION INSTRUCTIONS TO MATOC OFFERORS. In addition, Contractors will be required to submit a "fair and reasonable" price proposal for the “Sample” task order that will be provided by amendment; this requirement is in accordance with FAR 15.304(c)(1), which states that price or cost to the Government shall be evaluated in every source selection.

1.4 Contractors submitting an offer as a joint venture must provide a written copy of the joint venture agreement with the initial proposal.

The joint venture agreement must be signed by both parties and will be subject to review by Office of Counsel. Also, if the joint venture involves an 8(a) small business, approval by the Small Business Administration will also be required. The joint venture must be registered in the System for Award Management (SAM) as a joint venture in order for an award to be made. In addition, the SF 1442 as well as all future documents (task orders, bonds, etc.) must be signed by both parties. No task orders will be awarded to a joint venture unless the basic MATOC has been awarded to the joint venture.

https://usace.webex.com/meet/aron.s.edwards

Section 00 21 00 – Page 2

1.5 The total maximum value of all task orders to be awarded under the MATOC pool is $45,000,000.00 ($45M), all contracts combined. Each MATOC will consist of a 5 year ordering period. The maximum value of $45M is for the not obligated to will share this total value through a competitive task order award process.

1.6 The Government does not guarantee an awardee will receive more than the contract minimum guarantee. The minimum guarantee for each MATOC is $3,000.00 and covers the base year and all option periods. This minimum guarantee is the amount a Contractor may receive if they have NOT been successful in obtaining a task order by the end of the contract duration.

However, a Contractor that has not submitted ANY proposals for ANY task orders after the award of the MATOC would not be considered eligible to receive this minimum guarantee due to lack of participation. This minimum guarantee is NOT to be construed as the total amount of any individual task order. All task orders will substantially exceed this minimum guarantee amount. This minimum guarantee will be obligated on Task Order under each contract awarded as a result of this solicitation.

1.7 Any required changes to the contract clauses contained in this solicitation shall be executed as a modification to any and all contracts awarded as a result of the solicitation. Any modifications to the basic MATOC awards shall be executed by the Galveston District Contracting Officer; including the exercise of any and all Option Years.

1.8 ESTIMATED CONSTRUCTION PRICE RANGE (FAR 36.204)

The estimated price range of the proposed construction is “to be determined by Task Order”.

AVAILABILITY OF PLANS AND SPECIFICATIONS ON THE FEDERAL BUSINESS

OPPORTUNITIES WEBISTE ((FBO)

After solicitation issuance, contractors may register to be placed on a plan holders list, view and/or download this solicitation and all amendments at the following internet addresses: http://www.fbo.gov/

Plans and specifications will not be available in paper format or on compact disc. It is the offeror’s responsibility to monitor the FBO website daily (using the above links) for amendments to the solicitation. You must be registered in the System for Award Management (SAM) to receive a government contract award.

You may register with SAM at https://www.sam.gov

1.9 EQUIPMENT OWNERSHIP AND OPERATIONG EXPENSE SCHEDULE (18 MAR 2013)

(UAI 31.105-100)

In accordance with FAR 31.105(d)(2)(i)(b), equipment ownership and operating cost shall be determined using EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule.

(a) The Contractor [ ] shall [X] shall not be permitted to use self-propelled hopper dredges to perform the work specified herein.

1.10 REMINDER TO BIDDERS

Acknowledge all Amendments on the reverse side of SF 1442, Item 19, Solicitation, Offer, and Award.

http://www.fbo.gov/ http://www.sam.gov/

Section 00 21 00 – Page 3

AMD#2 1.11 1.12 SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC BID SUBMISSION:

(FAR 14.302 and 14.304)

Proposals Bids and a copy of the SF24 Bid Bond must be submitted through the Federal Business Opportunities bid package submission via https://www.fbo.gov/ , not later than the response date and time indicated in the solicitation.

Original copies of the Bid Bond shall be submitted to USACE, Galveston District, ATTN: William (Bill) Bondurant, 2000 Fort Point Road, Galveston, Texas 77553, on or before the response date and time.

SENDING FILES:

The Federal Business Opportunities bid package submission application can be accessed via https://www.fbo.gov/ under the Solicitation Number

W912HY19R0007.

• A note will be visible within the "Notice Details" sub-tab. The “Electronic Response” sub-tab indicates that the opportunity allows for electronic responses. Note, a vendor must login to the system to be able to submit electronic responses for opportunities.

• There are two types of electronic response submissions possible:

1. Line Item Builder form (CLIN) - This can serve as a template for the items that vendors are sometimes requested to quote.

2. Document upload. Multiple documents with attachments can be loaded here.

• Choose “Document Upload”

• The Documents section allows the user to submit files as part of their electronic response to the opportunity.

a. The user can enter a description for every file to be uploaded, note this is optional.

b. To select a file for upload, the user clicks on the Browse button.

(Note for files over 10 Mb, please use the large upload (JAVA) button). This will allow the user to select a file located on their computer for upload.

3. After selecting the file, the user can click and Add New button to select additional files for upload.

4. The user can delete any file(s) previously selected for upload by clicking on the Delete button.

5. The user has three options at the bottom of the Response page:

a. Submit saves and electronically submits the response to the government point of contact for that opportunity in the system.

Note, the system will send an email to the email address on file for the user confirming the electronic submission;

b. Save as Draft saves the response created, but does not submit it to the government point of contact for the opportunity in the system;

if selected, the system returns to the Notice Details tab and there is a note at the top indicating that the user has saved a draft response for the opportunity. The user can click on the blue Click here link in the note to review/submit a response.

After clicking the link to review/submit, the system opens the Electronic Response tab and displays the draft response for review.

There is a note at the top which will advise the user whether or not

Section 00 21 00 – Page 4 the response deadline has passed. If not, the user can click on the blue Click here link to make changes to the draft response and submit if ready.

c. Return does not save the response and takes the user back to the Notice Details tab for the opportunity.

1.13 BIDDER INQUIRY – PROJNET

1. Prospective Offerors should submit questions concerning this solicitation via Bidder Inquiry in ProjNet at www.projnet.org/projnet .

A. 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 aforementioned web page and click on the BID tab.

Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user.

Verify that information on next screen is correct and click continue.

***Please Note: Offerors shall only submit one question per inquiry.

Inquiries containing multiple questions may be rejected.

B. From this page, you may view all bidder inquiries or add inquiry.

C. Offerors 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.

D. The Solicitation Number is: W912HY19R0007 The Bidder Inquiry Key is: EIMDG2-RR84XQ

2. The Bidder Inquiry System will be unavailable for new inquires ten

(10) calendar days prior to offer submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-

HELP.

5. Offers will be publicly opened at the date/time stated in the solicitation.

1.14 CONSTRUCTION WAGE RATE REQUIREMENTS (FAR 52.222-6)

Paragraph entitled CONSTRUCTION WAGE RATE REQUIREMENTS of (CONTRACT CLAUSES - Section 00 72 00, FAR 52.222-6) is applicable to this solicitation. Wage Rates will be incorporated by amendment, if they are not included in this solicitation.

http://www.projnet.org/projnet

Section 00 21 00 – Page 5

2.0 TASK ORDER PROCEDURES

2.1 All MATOC contracts and subsequent task orders will be awarded in accordance with FAR Subpart 15, Contracting by Negotiation. The basic MATOC contracts will be evaluated in accordance with the evaluation criteria contained in Section 00 22 10.01 45 PROPOSAL SUBMITTAL AND EVALUATION INSTRUCTION TO MATOC OFFERORS. It is anticipated that subsequent (future) task orders will be awarded on the basis of Lowest Price, Technically Acceptable (LPTA) in accordance with FAR 15.101-2. The government reserves the right to utilize any selection method consistent with FAR 16.505(b) Fair Opportunity Principle.

2.2 Issuance of the Request for Proposal for Task Orders

(a)FAR Part 15 and 16.505(b) will be followed when issuing task orders under the Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOCS).

(b)A Request for Proposal (RFP) will be issued by the Contracting Office to the Contractors within the MATOC pool. Contractors that have been awarded a MATOC will be invited to submit proposals for task orders in accordance with the RFP for each task order. Contractors are not obligated to submit a proposal on each and every RFP.

In accordance with FAR 16.505(b)(3), price or cost under each order shall be considered as one of the factors in the selection decision. Also, in accordance with FAR 16.505(b)(1)(v), the Government should also consider past performance (including quality, timeliness and cost control) on earlier orders placed under the same MATOC. In addition, equipment availability and equipment capability may also be considered at the discretion of the Contracting Officer. The Government may also include any of the following as additional evaluation factors: (1) potential impact on other orders placed with the Contractor, (2) minimum order requirements, and (3) urgency of need. Any and all evaluation factors will be provided to the Contractors at the time the RFP is issued. It is anticipated that all task orders will be awarded on the basis of Lowest Price, Technically Acceptable (LPTA) in accordance with FAR 15.101-2. The Government reserves the right to utilize any selection method consistent with FAR 16.505(b) Fair Opportunity Principles.

(c)All Contractors awarded a contract will be invited to submit a proposal on all future task orders. However, the Government reserves the right to limit competition in accordance with the Federal Acquisition Streamlining Act (see FAR 16.505(b), subparagraph (2), Exceptions to the fair opportunity process).

(d)The RFP will also provide, at a minimum, the following items:

(1) The time and place for the submittal of said proposal

(2) Point of Contact.

(3) Any and all required “fill-ins” for the contract clauses, including, but not limited to:

Section 00 21 00 – Page 6

- Details regarding Commencement, Prosecution, and Completion of Work (FAR 52.211-10)

- The amount of Liquidated Damages (FAR 52.211-12)

- Applicable Davis-Bacon Wage Decisions

- Details regarding the number of days after award that Performance & Payment Bonds are required to be submitted

- Details regarding the number of days after award that the Notice to Proceed will be Issued and the number of days from NTP to Commencement of Work

2.4 Competitive Proposal Submissions and Evaluation

The base award will be made on the basis of Lowest Price Technically Acceptable (LPTA) source selection process (See Federal Acquisition Regulation 15.101-2). In the lowest price technically acceptable selection process interested Offerors submit certain specified performance and capability proposals in conjunction with price proposals for a Sample Task Order for review and consideration by the Government. The Government will follow the procedures outlined in FAR 16.505(b), Orders under multiple award contracts, when issuing the RFP’s and subsequent task orders. The Contracting Officer should keep proposal submission requirements to a minimum. In most cases, the Government will evaluate task order proposals on a lowest price, technically acceptable basis in accordance with FAR 15.101-2. The government reserves the right to utilize any selection method consistent with FAR 16.505(b) Fair Opportunity Principles.

(a) Each RFP shall contain a Pricing Schedule pertaining to the specific individual task order. The Government reserves the right to obtain cost breakdowns of the proposals if required in order to determine fair and reasonableness of pricing. Such cost breakdowns will not be included in any subsequent release of best and final prices as discussed in paragraph 2.8 below.

(b) Each proposal submission will be in accordance with the individual request for proposal. In addition, a bid bond will be required with each task order proposal submitted in accordance with FAR 52.228-1 in Section 00 72 00. (See bonding requirements).

2.5 Price Proposal Submissions and Evaluation

(a) Contractors may be required to provide copies of their proposed subcontractors’ proposals or quotes when detailed cost breakdowns are requested. The Government reserves the right to require a detailed breakdown of a proposed subcontract proposal or quote, if necessary to determine its reasonableness.

(b)The contractor must support its proposal by any necessary documentation and in adequate detail for the Government to analyze the proposal to determine fair and reasonable price in accordance with FAR 15.4, Contract Pricing.

(c) In accordance with FAR Subpart 15.4, the contractor’s proposal for any task order exceeding $2,000,000.00 is subject to the requirements of the Truth in Negotiations Act (TINA). Therefore, if cost and pricing data has been requested and submitted, the contractor shall be required to submit a

Section 00 21 00 – Page 7

Certificate of Current Cost or Pricing Data immediately prior to award of the task order.

(d) When and if it becomes necessary to award task orders on a sole source basis, the contractor may be required to submit detailed cost breakdowns in the same format as described for modifications under FAR clause 52.215-21.

These cost breakdowns will not be included in any subsequent release of best and final prices as discussed in paragraph below.

2.6 Notification to the Apparent Successful Offeror

(a) Within five (5) working days of receipt of proposals Offeror’s will be notified of the apparent successful Offeror. However, the Contracting Officer reserves the right to extend this notice period, if at the time of initial Review, it cannot be determined as to the successful Offeror. Task Orders will be awarded within 14 days from receipt of proposals, unless otherwise stated in the task order RFP.

(b) Offeror’s will also be notified within three (3) working days of receipt of proposals if additional review and/or discussions will be required.

(c) Offerors may withdraw (in writing) their proposal for any Task Order at any time prior to award of the task order in accordance with FAR 15.208(e).

2.7 Award of the Task Order

(a) Task orders will be issued on a firm-fixed price basis using the DD Form 1155, Order for Supplies or Services.

Task order numbering will be in accordance with DFARS 204.7005. The Galveston District is the responsible party for solicitation issuance and awarding the contracts. The Minimum Guarantee Task Order will be identified as Task Order No. (TBD).

Section 00 21 00 – Page 8

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-18 Commercial and Government Entity Code

Maintenance

JUL 2016

52.215-1 Instructions to Offerors--Competitive Acquisition

JAN 2017

52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-20 Requirements for Certified Cost or

Pricing Data or Information Other Than Certified Cost or Pricing Data

OCT 2010

52.232-13 Notice Of Progress Payments APR 1984 52.232-14 Notice Of Availability Of Progress

Payments Exclusively For Small Business Concerns

APR 1984

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price Contract and resulting Task Orders contract resulting from this solicitation.

(End of provision)

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

Brazoria County, TX 27.3%

Galveston County, TX 28.9%

Nueces County, TX 41.7%

Cameron County, TX 71.0%

Jefferson County, TX 22.6%

Calhoun County, TX

6.9%

Section 00 21 00 – Page 9

27.4% Cameron Parish, LA

17.8%

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 SMSA counties of Brazoria, Galveston, Nueces, Cameron and Jefferson Counties, Texas. NON-SMSA counties of Calhoun County, Texas and Cameron Parish, Louisiana.

(End of provision)

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

2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause

Section 00 21 00 – Page 10 of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

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

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

FAR 52.225-9.

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of provision)

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (MAY 2014)

Section 00 21 00 – Page 11

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

Section 00 21 00 – Page 12

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act-- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers.

(1) When an offer includes foreign construction material, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material. An offer based on use of the foreign construction material for which an exception was requested--

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

(ii) May be accepted if revised during negotiations.

(End of provision)

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 Maria Rodriguez, Contracting Officer, US Army Corps of Engineers, Galveston District, PO Box 1229, Galveston, Texas, 77553-1229, submitting the protest at SWG-CT Protests@usace.army.mil.

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

(End of provision)

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 http://farsite.hill.af.mil/

(End of provision) http://farsite.hill.af.mil/

SECTION 00 22 11 Page 1

(AMENDMENT NO. 0002 TO RFP NO W912HY19R0007)

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA AND BASIS OF AWARD

SECTION 00 22 11

AMENDMENT NO 0002

PART I – GENERAL INFORMATION

A. OVERVIEW

This Request for Proposal (RFP) solicits offers for a Multiple Award Task Order Contract (MATOC) for pipeline dredging due to unanticipated shoaling from a tropical storm, flood, hurricane event or other event which results in unanticipated shoaling resulting in identifiable “Draft Restricting” shoals that impede navigation and must be cleared expeditiously. The work under this contract will be accomplished by pipeline dredge for the six (6) Deep Draft Channels within the Galveston District boundary.

B. BASIS FOR AWARD

The award will be made using a Best Value source selection process authorized by Class Deviation No. 2018- O0006, Evaluation Factors for Certain Multiple-Award Task or Delivery Order Contract to identify the best overall proposals that are determined to be the most beneficial to the Government. Evaluation methodology for the instant procurement consists of four (4) factors: Specialized Experience, Plant and Equipment, Organization and Past Performance. The failure of a proposal to meet all of the requirements under any one of the evaluated areas, will render the proposal as technically unacceptable overall, and the offer will be removed from further consideration for award. Price proposals will be evaluated per Task Order. The Government will evaluate these performance capability proposals in accordance with the criteria described herein.

The Contracting Officer intends to award three (3) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC’s) from the Unrestricted pool and a minimum of two (2) from the Small Business set-aside pool. The maximum number of contract awards will be dependent upon the number of Offerors whose proposals the Source Selection Authority determines to meet the requirements of acceptability as set forth herein.

Awards of the MATOCs will be made on the basis of proposals meeting the acceptability standards.

The Government intends to make award without holding discussions with Offerors. However, the Government reserves the right to conduct discussions if the Source Selection Authority or the Contracting Officer determines them to be necessary. Therefore, Offerors are encouraged to include their best performance and technical capability requirements.

C. PROPOSAL SUBMISSION REQUIREMENTS AND FORMAT

Offerors shall organize their proposal as described in this solicitation. Proposals may be determined to be non-responsive for failure to follow the prescribed format. In order to effectively and equitably evaluate all offers, the Contracting Officer must receive information sufficiently detailed to clearly evaluate factors identified within this solicitation. Proposal clarity, organization, and cross referencing are necessary. Failure to submit and organize proposals as requested may adversely affect an Offeror’s evaluation. Offerors shall provide sufficient detail and clearly define all items required in this Section.

Table of Contents. Each volume of the proposal shall contain a detailed table of contents (Cover Sheets for use as the Table of Contents are provided at the end of this Section). Any materials submitted but not required by this solicitation (such as company brochures) shall be relegated to appendices. Files shall not contain classified data.

Electronic Submission of Proposals. Offerors shall submit their proposal through electronic submission in the Federal Business Opportunities website at www.fbo.gov. Proposals shall be submitted in electronic format.

Reference Section 00 21 00, Para. 1.11 for further instructions.

SECTION 00 22 11 Page 2

Content Requirements. All information shall be confined to the appropriate volume. The Offeror shall confine submissions to essential matters, sufficient to define the proposal and provide adequate basis for evaluation.

Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal.

Narrative portions of the proposal shall be in electronic 8-1/2 x 11-inch format using no more than 7 vertical lines per inch, with page margins at least 1-inch wide. Font size shall not be less than 11pt. 11x17-inch sheets will be counted as four single-sided pages. Include a Table of Contents for each volume. The first page of each identified Tab shall begin with the number “1” with succeeding pages consecutively numbered at the bottom of each page to the end of the Tab.

Offerors who include information in their proposals which they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must mark such information in accordance with instructions contained in FAR 52.215-1, Instructions to Offerors-Competitive Acquisition, paragraph (e), “Restriction on disclosure and use of data.”

PART II – PROPOSAL SUBMITTAL REQUIREMENT AND INSTRUCTIONS

VOLUME I – PROPOSAL/SF 1442/DATA – Volume I shall be comprised of Tabs A through F only.

TAB A – Standard Form 1442, completed and signed by authorized individual(s) of the Offeror. Offers submitted in the name of a Joint Venture must provide a written copy of the joint venture agreement with the proposal. The joint venture agreement must be signed by both parties and will be subject to review by Office of Counsel. Also, if the joint venture involves an 8(a) small business, approval by the Small Business Administration will also be required. The joint venture must be registered in CCR as a joint venture in order for an award to be made. In addition, the SF 1442 as well as all future documents (task orders, bonds, etc.) must be signed by both parties. No task orders will be awarded to a joint venture unless the basic MATOC has been awarded to the joint venture. Failure to do so may result in rejection of an Offeror’s proposal.

TAB B – Section 00 45 00, Representations and Certifications

TAB C - AMD#2 Determination of Responsibility, including the firm’s latest Financial Statements. Submit a copy of the Offeror’s latest financial statement, including the names of banks or other financial institutions with which the bidder conducts business. If the financial statement is more than 60 days old, a certificate should be attached stating that the financial condition is substantially the same, or if not the same, the changes that have taken place. Such statement will be treated as confidential.

TAB D – Evidence of Bonding Capacity. A bid bond guarantee is not required, however, for evaluation of bonding capacity on future task orders submit a letter of commitment from a surety, signed by an officer or agent authorized to bond, that identifies the Offeror’s available bonding capacity and limits that the surety will bond the Offeror, as the successful awardee for this project. The surety must be acceptable to the Government and must appear on the Department of Treasury Circular 570 “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies.” If the Offeror submits evidence from an individual Surety, the individual surety must include documentation meeting the requirements of FAR

28.203 and Contract Clause 52.228-11.

TAB E –Small Business Subcontracting Plan. This requirement is only applicable to Large Businesses in accordance with FAR 52.219-9, Alternate II, in Section 00 72 00 of this solicitation. AMD#2 Subcontracting goals for the Galveston District are:

Small Business 63% Small Disadvantaged Business 7.0%

SECTION 00 22 11 Page 3

Woman-Owned Small Business 9.0% HubZone Small Business 4.0% Veteran-Owned Small Business 13.0% Service Disabled Veteran-Owned Small Business 4.0%

TAB F – If Applicable. Joint Venture Agreement. The joint venture agreement must be signed by both parties and will be subject to review by Office of Counsel. Also, if the joint venture involves an 8(a) small business, approval by the Small Business Administration is required and must be submitted with the offeror’s proposal.

Offerors are reminded that if it is an 8(a) or HUBZone joint venture, it shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively. In addition, the joint venture must be registered in CCR as a joint venture in order for an award to be made.

D. TECHNICAL EVALUATION FACTORS AND EVALUATION CRITERIA.

VOLUME II – TECHNICAL PROPOSAL – Volume II shall be comprised of Tabs G through J only.

TAB G - FACTOR 1 – Specialized Experience (Volume II, Tab G)

EVALUATION CRITERIA:

Offeror shall demonstrate “recent” and “relevant” experience on pipeline dredging projects completed or substantially completed within the last 5 years, using the “Specialized Experience” form that is Attachment 1 to this section.

The project description shall contain enough information for the Government to clearly and easily understand how the project is relevant to this solicitation.

Offeror shall complete a minimum of three (3), but no more than five (5), “Specialized Experience” forms in response to this factor. All blocks must be filled in and all data shall be accurate, current, and complete. Offerors are required to use the Specialized Experience Forms provided.

(If applicable) If the Offeror is not self-performing the major activities such as Dredging, the Offeror shall in a short narrative describe the role of any proposed subcontractors and the percentage of work they will perform. For purposes of this procurement, the firms that will perform any of the above listed major activities, if other than the prime contractor, are considered key subcontractors. Offeror shall complete a minimum of three (3), but no more than five (5), “Specialized Experience” forms for each key subcontractor, in sufficient detail to determine how each key subcontractor’s Specialized Experience is relevant to the work they will perform.

STANDARD OF ACCEPTABILITY: Proposal must meet all of the following minimum acceptability standards to receive an “ACCEPTABLE” for this factor.

(1) *At least three (3) accurate, current and complete Specialized Experience Forms for the Offeror and/or (if applicable) for each key subcontractor must be submitted for pipeline dredging projects which meet the standard of acceptability for relevant and recent as defined below:

DEFINITION OF RELEVANT: *At least three (3) of the pipeline dredging projects must have been valued at $3 million or greater AND

DEFINITION OF RECENT: *At least three (3) of the pipeline dredging projects must have been at least 50% complete within the last 5 years.

Table 1 – Factor 1 – Technical Acceptability/Unacceptability Rating Method

Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the

SECTION 00 22 11 Page 4

TAB H - Factor 2 – PLANT AND EQUIPMENT

FACTOR 2: PLANT AND EQUIPMENT (Volume II, Tab H):

EVALUATION CRITERIA:

The Offeror shall provide documentation for all major pieces of equipment being proposed for use under this solicitation/contract, and any subsequent task orders, and which will be utilized to dredge, transport, process, haul and dispose of dredge material. AMD#2 Provide verification of the Pipeline Dredge(s) information using Coast Guard certification. Offerors are instructed to use the “Equipment Documentation” form Attachment 2 provided at the end of this Section which lists the necessary documentation for all dredges being proposed for use under this solicitation, and any subsequent task orders. Offerors are cautioned to include all of their dredges as well as other major plant equipment, support vessels, trawlers, etc. in responding to this evaluation factor.

AMD#2 The Offeror shall also provide documentation of ownership and /or lease agreement for the dredge(s) to be utilized under the MATOC.

STANDARD OF ACCEPTABILITY:

This standard is met when the following has been…