HURON FINAL SOLICITATION.pdf

Maintenance dredging, Huron Harbor, Huron, Ohio. Work consists of, but isn't limited to, furnishing all plant, labor, material and equipment necessary to remove and dispose of approximately 200,000 cubic yards of dredged material, other than ledge rock, from Huron Harbor, Huron, Ohio in strict accordance w ith the Plans & Specif ications.

This solicitation is a Total Hub-Zone.

Estimated price is betw een $1,000,000 and $5,000,000. Subject to Availability of Funds.

A Bid Guarantee shall be submitted w ith bid in order to be considered responsive. The amount of the guarantee shall be 20 percent of the bid price or $3,000,000, w hichever is less.

Wage Decision is General Decision Number IL080018. Visit w w w .w dol.gov for w age decision.

X

JEFFREY G ERNEST 716-879-4173

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

23-Mar-2009

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________85 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________sec 01 35 13

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________22 Apr 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

DEPARTMENT OF THE ARMY

USACE, BUFALO

1776 NIAGARA STREET

BUFFALO NY 14207-3199

W912P4

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

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

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

716-879-4353FAX:TEL: 716-879-4134 TEL: FAX:

W912P4-09-B-0007 51

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

Section 00010 - Solicitation Contract Form

BID SCHEDULE

SECTION 00010

SOLICITATION, OFFER, AND AWARD (SF 1442) AND BIDDING SCHEDULE

MAINTENANCE DREDGING

HURON HARBOR

HURON, ERIE COUNTY, OHIO

BIDDING SCHEDULE “A”

Bid on Bidding Schedule “A” will be based upon dredging and disposal of dredged material from Huron Harbor in the Government-designated Open-Lake Disposal Area, as shown on the contract drawing, in accordance with these specifications.

(See Section 35 20 23, MAINTENANCE DREDGING, Paragraph 3.3.2)

Item No. Description

Estimated Quantity Unit

Unit Price

Estimated Amount

1 Mobilization & Demobilization LS $_________

2 Maintenance Dredging:

Huron Harbor (Sta 55+00 to 133+41) w/ Open-Lake Disposal 170,000 CY $______ $_________

Total Estimated Amount (Items 1 & 2) $___________

Option “A”:

3 Maintenance Dredging:

133+41) w/ Open-Lake Disposal 60,000 CY $______ $_________

Total Estimated Amount (Items 1, 2 & 3) $___________

NOTE 1: The above “estimated quantity” pay items for dredging are based upon total estimated quantity of material available within the “required pay prism” plus a portion of the available “overdepth” material noted below. These quantities are approximate and do not indicate limitations in channel work areas nor are they an indication of expected material to be dredged:

Item Estimated Quantity in Quantity of Allowable No. Required Pay Prism Overdepth Material Included

2 140,000 30,000 3 45,000 15,000

NOTE 2: BIDS MAY BE SUBMITTED ON EITHER OR BOTH OF THE BIDDING

SCHEDULES. BIDS MUST BE COMPLETE AS TO ALL THE ITEMS ON THE

SCHEDULE. FAILURE TO COMPLETE ALL ITEMS ON A BID SCHEDULE WILL

RENDER THE BID NON-RESPONSIVE.

NOTE 3: Regarding Option Item “A”, the Government may elect to award this Option Item. If Option Item “A” is awarded, the Government reserves the right to limit the quantity of material up to the Estimated Quantity of the Option. Additionally, the Government may elect to award the Option Item within a period of sixty (60) calendar days from the date of Contract Award.

NOTE 4: The Government will evaluate the bids based upon the total amount of the base bid amount (Items 1 & 2) and the amount of Option “A” (Item 3).

MAINTENANCE DREDGING

HURON HARBOR

HURON, ERIE COUNTY, OHIO

BIDDING SCHEDULE “B”

Bid on Bidding Schedule “B” will be based upon dredging & disposal of dredged material from Huron Harbor in the Contractor-furnished/Government-approved Disposal Area(s), with the balance, if any, in the Government-designated Open-Lake Area, as shown on the contract drawing, in accordance with these specifications.

(See Section 35 20 23, MAINTENANCE DREDGING, Paragraph 3.3.3)

Item No. Description

Estimated Quantity Unit

Unit Price

Estimated Amount

1 Mobilization and Demobilization

LS $_________

2 Maintenance Dredging:

Huron Harbor (Sta 55+00 to 133+41) w/ disposal in Contractor-furnished/Government-approved Disposal Area(s) 170,000 CY $______ $_________

Total Estimated Amount (Items 1 & 2) $___________

Option “A”:

3 Maintenance Dredging:

133+41) w/ Open-Lake Disposal 60,000 CY $______ $_________

Total Estimated Amount (Items 1, 2 & 3) $___________

NOTE 1: The above “estimated quantity” pay items for dredging are based upon total estimated quantity of material available within the “required pay prism” plus a portion of the available “overdepth” material noted below. These quantities are approximate and do not indicate limitations in channel work areas, nor are they an indication of expected material to be dredged:

Item Estimated Quantity in Quantity of Allowable No. Required Pay Prism Overdepth Material Included

2 140,000 30,000 3 45,000 15,000

NOTE 2: BIDS MAY BE SUBMITTED ON ANY OR ALL OF THE BIDDING

SCHEDULES. BIDS MUST BE COMPLETE AS TO ALL THE ITEMS ON THE

SCHEDULE. FAILURE TO COMPLETE ALL ITEMS ON A BID SCHEDULE WILL

RENDER THE BID NON-RESPONSIVE.

NOTE 3: Regarding Option Item “A”, the Government may elect to award this Option Item. If Option Item “A” is awarded, the Government reserves the right to limit the quantity of material up to the Estimated Quantity of the Option. Additionally, the Government may elect to award the Option Item within a period of sixty (60) calendar days from the date of Contract Award.

NOTE 4: The Government will evaluate the bids based upon the total amount of the base bid amount (Items 1 & 2) and the amount of Option “A” (Item 3).

NOTE 5: AWARD OF THE CONTRACT UNDER SCHEDULE “B” WILL BE SUBJECT TO

THE ACCEPTANCE OF THE PROPOSED CONTRACTOR-FURNISHED DISPOSAL

AREA(S), BY THE CONTRACTING OFFICER. UNLESS THE DATA REQUIRED IN

SECTION 35 20 23, MAINTENANCE DREDGING, PARAGRAPHS “REQUIRED

DOCUMENTS” AND “REQUIRED FORMS” OF THIS SPECIFICATION IS FURNISHED

WITH THE OFFER AT THE TIME OF BID OPENING, THE OFFER UNDER THIS

SCHEDULE WILL BE CONSIDERED NON-RESPONSIVE.

Section 00100 - Bidding Schedule/Instructions to Bidders

SECTION 00100 INDEX

SECTION 00100 – BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS INDEX

CLAUSE NUMBER CLAUSE TITLE

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT

2003)

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

52.214-5 SUBMISSION OF BIDS (MAR 1997)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF

BIDS (NOV 1999)

52.214-18 PREPARATION OF BIDS – CONSTRUCTION (APR 1984)

52.214-19 CONTRACT AWARD – SEALED BIDDING-CONSTRUCTION (AUG 1996)

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

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.222-5 DAVIS-BACON ACT—SECONDARY SITE OF THE WORK

(JUL 2005)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB

1999)

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT-CONSTRUCTION

MATERIALS (MAY 2002)

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION

WITH OFFER (MAY 1999)

52.232-14 NOTICE OF AVAILABILITY OF PROGRESS PAYMENTS

EXCLUSIVE FOR SMALL BUSINESS CONCERNS (APR 1984)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

252.236-7000 MODIFICATION PROPOSALS – PRICE BREAKDOWN (DEC1991)

252.236-7008 CONTRACT PRICES – BIDDING SCHEDULES (DEC 1991)

LOCAL CLAUSES BID DEPOSITORY

PLACE OF BID OPENING

INQUIRIES

COMPLETION OF BID SCHEDULE

DREDGING AND DREDGE RELATED MARINE WORK

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

INVOICES

LIST OF ATTACHMENTS

PRE-CONSTRUCTION CONFERENCE (FEB 1995)

REQUIREMENT FOR BASIC ORDERING AGREEMENT

ORCA

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

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

MAY 1999

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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

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

(1) Obviously misplaced decimal points will be corrected;

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

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

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

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

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

(End of statement)

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

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

(1) Obviously misplaced decimal points will be corrected;

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

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

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

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

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

(End of statement)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

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

2002)

(a) Definitions. 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” (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 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 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 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 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.

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 Jeffrey Ernest (1776 Niagara Street, Buffalo, NY 14207).

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

52.252-1 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/farsites.html

(End of provision

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications.

(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.

SECTION 00100 LOCAL CLAUSES

BID DEPOSITORY

Hand carried bids must be deposited, prior to the time set for opening of bids, in the bid depository, Contracting Division, Building No. 1, 1st Floor, Department of the Army, U.S. Army Engineer District, Buffalo, 1776 Niagara Street, Buffalo, NY 14207-3199.

PLACE OF BID OPENING

Bids shall be publicly opened at 2:00 p.m., 22 April 2009, in Conference Room C, Department of the Army, U.S. Army Engineer District, Buffalo, 1776 Niagara Street, Buffalo, NY 14207-3199.

INQUIRIES

For information regarding this Procurement, write or call (Collect calls not accepted) Walter Kamad, Contracting Division, Department of the Army, U.S. Army Engineer District, Buffalo, 1776 Niagara Street, Buffalo, NY 14207-3199 - Area Code 716-879-4134.

COMPLETION OF BID SCHEDULE

BIDS MAY BE SUBMITTED ON ANY OR ALL OF THE BIDDING SCHEDULES. BIDS MUST BE

COMPLETE AS TO ALL SUB-ITEMS UNDER EACH ITEM BID ON THE SCHEDULE. FAILURE

TO COMPLETE ALL ITEMS ON A BID SCHEDULE WILL RENDER THE BID NON-

RESPONSIVE.

DREDGING AND DREDGE RELATED MARINE WORK

The Contractor shall comply with the provisions of EM 385-1-1. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/United States Army Corps of Engineers (USACE) Dredging Safety Management Program (DSMP), as determined by the DCA/USACE Joint Committee, an holds a current valid Certificate of Compliance for both the Contractor Program and the Dredge(s) to be used to perform the work required under this contract, the Contractor may, in lieu of the submission of an accident Prevention Plan (APP),

(a) Make available for review, upon request, the Contractor’s current Safety Management System (SMS) documentation,

(b) Submit to the Contracting Officer the current valid Company Certificate of Compliance for its SMS,

(c) Submit the current dredge(s) Certificate of Compliance based on third party audit, and

(d) Submit for review and acceptance, site- specific addenda to the SMS as specified in the solicitation.

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

Whenever a contract or modification of contract price is negotiated, the Contractor's cost proposals for equipment ownership and operating expenses shall be determined in accordance with the requirements of the paragraph entitled "EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE," contained in the Special Contract Requirements section of the specifications. A copy of EP 1110-1-8 "Construction Equipment Ownership and Operating Expense Schedule" is available for review at the Department of the Army, U.S. Army Engineer District, Buffalo, 1776 Niagara Street, Buffalo, NY 14207-3199; 1035 East 9th Street, Cleveland, OH 44114, and Summit Street, Bay View Park, Toledo, OH 43611.

(End of Clause) (EFARS 52.2/9108(f)(a))

INVOICES (OHIO AREA OFFICE)

Invoices shall be submitted in quadruplicate to the following:

Department of the Army U.S. Army Engineer District, Buffalo 1035 East 9th Street Cleveland, OH 44114-1003

LIST OF ATTACHMENTS

1. Preparatory Inspection Checklist

2. Initial Inspection Checklist

3. Proposed Contractor-Furnished Disposal Areas

4. Contractor Quality Control Report

5. Standard Form 24, “Bid Bond” (Sample)

6. Standard Form 25, “Performance Bond” (Sample)

7. Standard Form 25-A, “Payment Bond” (Sample)

8. ENG Form 27, “Report of Operations—Hopper Dredges”

9. ENG Form 4025, “Transmittal of Shop Drawings, Equipment Data, Material Samples, or Manufacturer’s Certificates of Compliance”

10. ENG Form 4267, “Report of Operations—Pipeline, Dipper or Bucket Dredges”

11. ENG Form 4288, “Submittal Register”

12. Huron Harbor Survey Control Data

13. EM 385-1-1, US Army Corps of Engineers Safety and Health Requirements Manual (November 2008)

14. Contractor Accident Prevention Plan Checklist

15. Activity Hazard Analysis (AHA)

16. Environmental Protection Plan Template

17. Contractor Quality Control Plan Checklist

18. Contractor Quality Control Plan Template

19. Certificate of Compliance (Cranes)

20. Monthly Man Hour Contractor Exposure Report

21. ENG Form 3394 “Accident Investigation Report”

22. Figure for Contractor Provided Equipment for SI

23. Ninth District Local Notice to Mariners

These attachments are located at the end of this Solicitation.

PRE-CONSTRUCTION CONFERENCE (FEB 1995)

After award of a contract, a Pre-construction Conference will be conducted between responsible personnel of the Contractor, Area Office and District Office to discuss Government procedures and line authority for contractual, administrative, and construction matters. The successful Contractor will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

REQUIREMENT FOR BASIC ORDERING AGREEMENT

If offeror proposes to perform part or all of the work with a hopper dredge(s), failure to have an active Basic Ordering Agreement (See Special Contract Requirement entitled "CERF Implementation" in effect on the date of opening of proposals under this Solicitation), will result in the bid being rejected as not responsive.

ORCA

Bidders must review Clause 52.204-8, “Annual Representation and Certifications” and complete registration through the online Representation and Certifications Application (ORCA) Website at http://orca.bpn.gov

Section 00600 - Representations & Certifications http://orca.bpn.gov/

SECTION 00600 INDEX

SECTION 0600 INDEX

REPRESENTATIONS & CERTIFICATIONS

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

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

52.204-3 TAXPAYER INDENTIFICATION (OCT 1998)

52.204-8 ANNUAL REPRESENTATION AND CERTIFICATION (JAN 2006)

52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED

DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

52.219-2 EQUAL LOW BIDS (OCT 1995)

52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR SMALL

BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM (OCT

2000)

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

52.222-38 COMPLIANCE WITH VETERAN’S EMPLOYMENT REPORTING

REQUIREMENTS (DEC 2001)

52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING

(AUG 2003)

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT

OF A TERRORIST COUNTRY (OCT 2006)

AFFILIATED BIDDERS

PLANT AVAILABLE

REMIT TO ADDRESS

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-8 Annual Representations and Certifications JAN 2006 52.219-19 Small Business Concerns Representation For The Small

Business Competitiveness Demonstration Program

OCT 2000

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-38 Compliance With Veterans' Employment Reporting

Requirements

DEC 2001

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country

OCT 2006

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

(a) The offeror certifies that --

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

(i) Those prices,

(ii) The intention to submit an offer, or

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

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

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

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

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

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

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

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

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

(End of clause)

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

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

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

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

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

(d) Taxpayer Identification Number (TIN).

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

___ TIN has been applied for.

___ TIN is not required because:

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

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

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

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

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

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

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

(f) Common parent.

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

___ Name and TIN of common parent:

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

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

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a subsidiary, division, or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

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

(2) The small business size standard is 20M (insert size standard).

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

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

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

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

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

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

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(d) Notice.

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

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

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

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

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

52.219-2 EQUAL LOW BIDS. (OCT 1995)

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

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

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

52.219-3 NOTICE OF TOTAL HUBZONE SET-ASIDE (JAN 1999)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) General. (1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(c) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for--

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(d) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (c) of this clause will be performed by the HUBZone small business participant or participants.

(e) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

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

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

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

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

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

(Check each block that is applicable.)

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

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

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

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

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

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

(C) Major group codes 20 through 39.

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

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

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

SECTION 00600 LOCAL CLAUSES

AFFILIATED BIDDERS

(a) Business concerns are affiliates of each other when, either directly or indirectly--

(1) One concern controls or has the power to control the other; or

(2) A third party controls or has the power to control both.

(b) Each bidder shall submit with its bid an affidavit stating that it has no affiliates, or containing the following information:

(1) The names and addresses of all affiliates of the bidder.

(2) The names and addresses of all persons and concerns exercising control or ownership of the bidder and any or all of its affiliates, and whether they exercise such control or ownership as common officers, directors, stockholders holding controlling interest, or otherwise.

PLANT AVAILABLE

Each bidder/offeror shall list, on the Schedule below, plant available and proposed for use on the work under this Solicitation.

PLANT AND EQUIPMENT SCHEDULE

Eng Form 1619-R

Available Plant to be Used

No. | Type | Capacity | Manufacturer | Age & Condition | Location

No. | Type | Capacity | Manufacturer | Age & Condition | Location

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

1. Dredging Contracts. In preparing the above tabulation, the bidder shall insert the…