B3_W912HY19R0011-Specs_signed-RCT.PDF

AUGUST 2019

RFP No. W912HY19R0011

U.S. Army Corps of Engineers Galveston District

U.S. ARMY ENGINEER DISTRICT,

GALVESTON

CORPS OF ENGINEERS

GALVESTON, TEXAS

Request For Proposal

Multiple Award Task Order Contracts (MATOC) for Rapid Response Hopper Dredging for Unanticipated Shoaling for Six (6) Deep Draft Navigation Channels Within the Galveston District, Texas

This project was designed by the Galveston District of the U.S. Army Corps of Engineers. The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

ROBERT C. THOMAS, P.E.

CHIEF, ENGINEERING AND CONSTRUCTION DIVISION

SWG FILE NO.: GEN 2000-233 SOLICITATION NO.: W912HY19R0011

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 00 00 SOLICITATION, OFFER AND AWARD, SF-1442

00 11 00.00 45 BID SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

00 22 11 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA AND

BASIS OF AWARD

00 45 00 REPRESENTATION AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00.01 45 SPECIAL CONTRACT REQUIREMENTS, STANDARD

00 73 46 WAGE RATES

DIVISION 01 - GENERAL REQUIREMENTS

01 00 50 SCOPE OF WORK

01 10 00.01 45 NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

01 22 00.10 MEASUREMENT AND PAYMENT

01 32 01.01 45 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26.01 45 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM)

01 45 01.00 QUALITY CONTROL

01 57 20.00 45 ENVIRONMENTAL PROTECTION

01 58 13.04 45 BULLETIN BOARD

01 78 00.00 45 CLOSEOUT SUBMITTALS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23.12 45 HOPPER DREDGING

35 20 23.14 45 PROTECTION OF SEA TURTLES

35 20 23.23 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM HOPPER DREDGE

-- End of Project Table of Contents --

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PROJECT TABLE OF CONTENTS Page 2

W45VAK91152529

Indef inite Delivery/Indef inite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) for Rapid Response Hopper Dredging for Unanticipated Shoaling at Six Deep Draft Navigation Channels within the Galveston District, Texas.

This Request for Proposal (RFP) is issued as an UNRESTRICTED solicitation. This RFP solicits offers for a Multiple Aw ard Task Order Contract (MATOC) for hopper dredging due to unanticipated shoaling from a tropical storm, f lood or hurricane event or unanticipated shoaling resulting in identif iable “Draft Restricting” shoals that impede navigation and must be cleared expeditiously. The w ork under this contract w ill be accomplished by hopper dredge and w ill only be for the six (6) Deep Draft Navigation Channels w ithin the Galveston District boundary. The Government intends to aw ard a minimum of tw o (2) MATOC IDIQ contracts in the MATOC pool as a result of this solicitation. The total maximum value of all task orders to be aw arded under the MATOC pool is $25,000,000.00 ($25M), all contracts combined. Each MATOC w ill consist of a f ive year ordering period. The maximum value of $25M is for the entire f ive-year period. The minimum guaranteed amount is $3,000 per MATOC for the entire duration of the contract.

LUCILLE R SMITH 409 766 3845

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

09-Aug-2019

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days af ter receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________*TBD per Task

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 __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________09 Sep 2019 (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 of fers are due.

B. An offer guarantee is, X 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 _______90 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

USAED, GALVESTON

CONTRACTING DIVISION

2000 FORT POINT ROAD

GALVESTON TX 77553-1229

W912HY

PAGE OF PAGES

5 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 409 766 3850 TEL: FAX:

W912HY19R0011 xxx

TBD per Task Order

TBD per Task Order

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

U.S. Army Corps of Engineers Galveston District Office PO Box 1229 Galveston, Texas 77553-1229

USAED, Finance Center

ATTN: CEFC-AO-P

5722 Integrity Drive Millington, TN 38054-5000

SWG FILE NO.: GEN 2000-233 SOLICITATION NO.:W912HY19R0011

Section 00 11 00 - Page 1

Section 00 11 00 - Supplies or Services and Price

ITEM NO SUPPLIES/SERVICE

S

MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Job SUM $25,000,000.00 Five (5) Year Ordering Period

FFP

Galveston District MATOC for Rapid Response Hopper Dredging for Unanticipated Shoaling at Six (6) Deep Draft Navigation Channels: This contract is a firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for a five (5) year ordering period. The Government will obligate a guaranteed minimum amount of $3,000 for the entire duration of the contract. This acquisition is Unrestricted.

This MATOC is for Rapid Response Hopper Dredging for Unanticipated Shoaling at Six (6) Deep Draft Navigation Channels within the Galveston District. The estimated Unrestricted MATOC workload is $25 million, with a maximum task order of $5 million.

Refer to SECTION 01 00 50 – SCOPE OF WORK for a description of the work under this MATOC. The North American Industry Classification System (NAICS) code for the work is 237990, Other Heavy and Civil Engineering Construction.

Any work executed under the MATOC is limited to the geographic boundaries of the Galveston District.

The Contractor shall furnish all labor, equipment, materials, and transportation necessary to complete the work under this MATOC.

The Contractor shall perform the work in accordance with the Scope of Work of each Task Order and within strict accordance of the terms and conditions specified herein.

FOB: Destination

PURCHASE REQUEST NUMBER: W45VAK91152529

MAX

NET AMT

$25,000,000.00

Section 00 21 00 - Page 1

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

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 two (2) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC’s). 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 W912HY19R0011.

(a) A pre-proposal conference will be held August 20, 2019 at 1:00 CST at the Galveston District Headquarters Building at:

Jadwin Building 2000 Fort Point Road Galveston, TX 77553

Please ensure that each attendee brings 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 . Teleconference Number 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.

1.2 Contractors will be required to submit proposals in accordance with Section 00 22 11 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA AND

BASIS OF AWARD.

1.3 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.

1.4 The total maximum value of all task orders to be awarded under the MATOC pool is $25,000,000.00 ($25M), all contracts combined. Each MATOC will consist of a five (5) year ordering period IDIQ contract. The maximum value of $25M will be shared among all contractors in the MATOC pool through a competitive task order award process.

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

Section 00 21 00 - Page 2

1.5 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 5 year ordering period. 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 first 12 months 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 a Task Order under each contract awarded as a result of this solicitation.

1.6 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.

1.7 ESTIMATED CONSTRUCTION PRICE RANGE (FAR 36.204)

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

1.8 AVAILABILITY OF PLANS AND SPECIFICATIONS ON THE FEDERAL

BUSINESS OPPORTUNITIES WEBSITE ((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/

Solicitation 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 OPERATING 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 on future Task Orders.

(a) The Contractor [X] shall [ ] 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.

1.11 SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC PROPOSAL SUBMISSION:

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

Section 00 21 00 - Page 3

SENDING FILES:

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

W912HY19R0011.

• 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 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.

1.12 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.

http://www.fbo.gov/ http://www.projnet.org/projnet

Section 00 21 00 - Page 4

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: W912HY19R0011 The Bidder Inquiry Key is: 7DRNMI-EFKQSS

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.

1.13 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.

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 11 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA AND BASIS OF AWARD. 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

Section 00 21 00 - Page 5

(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, but may be required to provide written notice stating the reason a proposal will not be submitted.

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:

- 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

2.3 Competitive Proposal Submissions and Evaluation

Award will be made using a Best Value source selection process authorized by Class Deviation No. 2018-O0006, Evaluation Factors for Certain Multiple-

Section 00 21 00 - Page 6

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, Past Performance, and Organization. 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 2.7 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).

2.4 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 $750,000 is subject to the requirements of the Truth in Negotiations Act (TINA). Therefore, if cost and pricing data has been requestedand submitted, the contractor shall be required to submit a 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.

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

2.5 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

Section 00 21 00 - Page 7 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).

2.6 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).

(b) Each task order will include, as a minimum, the following information:

(1) The date the task order is executed by the Contracting Officer

(2) Contract number and task order number

(3) The total amount of the contractor’s evaluated or negotiated price; the final pricing schedule, showing all the CLINS & SubCLINS, shall be attached to the DD 1155

(4) Accounting and appropriation data

(5) Any other pertinent data

(c) A copy of the DD 1155 and the bid schedule shall be provided to the designated Contract Administrator. In addition, any modifications to any task orders which increases or decreases the price of the task order shall also be provided to the Contract Administrator (only the SF 30 and the changes to pricing need be provided). The Contract Administrator shall be responsible for tracking capacity on each MATOC as well as the ceiling price of $25M for the total combined MATOC obligations in the pool.

2.7 Release of the IGE and Offerors Prices

(a) In accordance with FAR 16.505(b)(3), all task orders must be awarded in accordance with FAR Part 15, Contracting by Negotiation. Therefore, there will be no public bid opening.

2.8 Bonding Requirements

(a) Contractors are required to submit Bid Bonds with their proposal on each task order, except Bid Bonds are not required on the base MATOC or the initial Task Order for the Minimum Guarantee of $3000.00. See FAR clause 52.228-1 in Section 00 72 00 of this solicitation for requirement on future task orders.

(b) Contractors shall be required to provide Performance & Payment Bonds on each task order in accordance with FAR 52.228-15. The time frame for

Section 00 21 00 - Page 8 providing bonds is usually within 2 calendar days after award. Any compressed timeframe will be provided in the RFP for each individual task order.

2.9 Pre-Construction Conference and Notice to Proceed

(a) After Performance & Payments Bonds have been received and approved, the Contractor will be notified regarding the date, time and place for the Pre- Construction Conference. The notification shall contain all pertinent details including what submittals must be received either prior to or at the Pre- Construction Conference.

(b) Normally, a Notice to Proceed will be issued when all pre-construction requirements are met and the Contractor is required to mobilize and commence work within the timeframe specified in the task order.

2.10 Ombudsman

(a) Contractors are encouraged to communicate any and all concerns or questions with the Contracting Office at any stage of the RFP and/or task order process. Questions regarding the plans or specifications for a specific project shall be submitted in writing and answers shall be provided to all potential Offeror.

(b) In accordance with FAR 16.505(a)(10)(i), no protest under FAR 33.1 is authorized in connection with the issuance or proposed issuance of a task order valued at less than $10 million, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

(c) However, in accordance with FAR 16.505(b)(8), a Contractor may contact the Task Order Ombudsman concerning any complaints or concerns they may have, including for task orders valued at less than $10 million. The U.S. Army Corps of Engineers Ombudsman for the Southwestern Division can be contacted at the following address:

COL Robert J. Miceli Deputy Director of Contracting US Army Corps of Engineers 441 G. Street NW Washington, DC 20314-1000

2.11 Task Order Administration, Completion and Closeout

Administration of task orders including, but not limited to, modifications, requests for equitable adjustment, variation in estimated quantities, differing site conditions, disputes, etc. shall be handled in the same manner thatcontract administration was handled under a contract awarded as a result of a sealed bid. Project completion and task order closeout shall be handled in the same manner that project completion and closeout was handled under a contract awarded as a result of a sealed bid.

CLAUSES INCORPORATED BY REFERENCE

Section 00 21 00 - Page 9

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 (including 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%

JeffersonCounty, TX 22.6%

Calhoun County, TX 27.4%

Cameron Parish, LA 17.8%

6.9%

Section 00 21 00 - Page 10

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 of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

Section 00 21 00 - Page 11

(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 12

(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.

Section 00 21 00 - Page 13

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--

Section 00 21 00 - Page 14

(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 the 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(es):

http://farsite.hill.af.mil/ mailto:SWG-CT-protests@usace.army.mil mailto:SWG-CT-protests@usace.army.mil http://farsite.hill.af.mil/

Section 00 22 11 - Page 1

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA AND BASIS OF AWARD

PART I – GENERAL INFORMATION

A. OVERVIEW

This Request for Proposal (RFP) solicits offers for a Multiple Award Task Order Contract (MATOC) for hopper 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 hopper 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 a minimum of two (2) Multiple Award Task Order Contracts (MATOCs) Indefinite Delivery Indefinite Quantity (IDIQ) contracts to every Offeror that submits an Acceptable proposal. 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.

Section 00 22 11 - Page 2

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).