RTA-113983-Burns_Harbor_Dredging-Specsrgb.pdf

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Burns Harbor & Approach Channel Dredging
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W912P6-17-B-0002
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CHICAGO DISTRICT

LEADERS IN CUSTOMER CARE

BURNS HARBOR AND APPROACH

CHANNEL DREDGING FY17

CONSTRUCTION SOLICITATION AND

SPECIFICATIONS

CERTIFIED FINAL -

READY TO ADVERTISE

W912P6-17-B-0002

JULY 21,2017

Burns Harbor Dredging FY17 W912P6-17-B-0002

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT & CONTRACTING REQUIREMENTS

00010 SF 1442 SOLICITATION, OFFER, AND AWARD & BID SCHEDULE

00100 BIDDING SCHEDULE INSTRUCTIONS, CONDITIONS, AND NOTICES TO

BIDDERS

00600 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

BIDDERS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

WAGE RATES

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 GENERAL PROVISIONS

01 11 00 SUMMARY OF WORK

01 22 00.00 10 PRICE AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

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

01 57 20.02 03 ENVIRONMENTAL PROTECTION FOR INDIANA

01 58 00 PROJECT SIGN AND SAFETY SIGN

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23.13 MECHANICAL DREDGING

35 21 23.13 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM, Scow

Monitoring Profile

35 25 00 TRANSPORTATION AND DISPOSAL OF DREDGED MATERIAL

-- End of Project Table of Contents --

W81G6670897591

Project Title: Burns Harbor and Approach Channel Maintenance Dredging, Porter, Indiana

Project Description: The contractor w ill be responsible for providing all necessary facilities, plants, labor, transportation, materials, and equipment to perform mechanical dredging and disposal of about 40,000 cubic yards of harbor sediments during the base year, w ith an option for an equivalent volume.

The North American Industry Classif ication (NAICS) Code is 237990, w ith a size standard $27.5M for dredging. Dredging Projects: To be considered small for purposes of Government procurement, a f irm must perform at least 40 percent of the volume dredged w ith its ow n equipment or equipment ow ned by another small dredging concern.

The estimated magnitude of cost of construction, in accordance w ith FAR 36.204, is estimated betw een $1M to $5M.

Construction Wage Rates: US Department of Labor Construction Wage Rates Requirements - General Decision Number IL170018 dated

04/07/2017 IL18.

Electronic or faxed bids w ill not be accepted.

Competition for this acquisition is 100% set aside for Certif ied HUBZONE Concerns.

WHEREIN STATED IN THIS SOLICITATION "OFFER" OR "OFFEROR," IT MEANS BID OR BIDDER.

X

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

21-Jul-2017

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

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

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section 00700

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________21 Aug 2017 (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 _______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

U.S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

W912P6

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 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: 312.846.5371 TEL: FAX:

W912P6-17-B-0002 49

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Burns Harbor Dredging Base Work

FFP

This is a Parent Line Item identifying the work that relates directly to its Sub-Line Items 0001AA through 0001AE; the Sub-Line Items themselves identify the quantities required to perform said work. Therefore, the Contractor shall provide the pricing separately at Sub-Items 0001AA through 0001AE.

PURCHASE REQUEST NUMBER: W81G6670897591

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AA 1 Job

Mobilization

FFP

Under this CLIN, the Contractor is required to perform mobilization activities. The Contractor will be compensated for the totality of its activities needed to mobilize its equipment and labor force to the project site.

Payment Provisions:

The Government will pay all costs for the mobilization of all of the Contractor’s plant and equipment at the lump sum price for this item. The Contracting Officer or a Representative may require the Contractor to furnish cost data to justify the bid price for this item if the Contracting Officer deems there’s no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to appeal.

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AB 1 Job

Demobilization

FFP

Under this CLIN, the Contractor is required to perform demobilization activities.

The Contractor will be compensated for the totality of its activities needed to demobilize its equipment and labor force to the project site.

Payment Provisions:

The Government will pay all costs for the demobilization of all of the Contractor’s plant and equipment at the lump sum price for this item. The Contracting Officer or a Representative may require the Contractor to furnish cost data to justify the bid price for this item of the Contracting Officer deems there’s no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to appeal.

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AC 1 Job

Scow Silent Inspector

FFP

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AD 40,000 Cubic

Yard

Approach Channel Maintenance

Approach Channel Maintenance Area Dredging and Disposal at Placement Area

0001AE 1 Lot Performance & Payment Bonds

FFP

Performance & Payment Bonds for Base Work & Line Items 0001AA through

0001AD.

THIS IS A COST REIMBURSABLE LINE ITEM - The Government will reimburse the Contractor for the actual cost of acceptable performance and payment bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line amount for the performance and payment bonds. If the actual cost of the bonds is more than the line item amount, the contract will be modified to adjust the line item accordingly.

Adjustment(s) to the line item will also be made for any revisions to the actual costs associated with contract changes.

Burns Harbor Group 1 Options

FFP

This is a Parent Line Item identifying the option work that relates directly to its Sub-Line Items 0002AA through 0002AE; the Sub-Line Items themselves identify the quantities required to perform said work. Therefore, the Contractor shall provide its pricing separately at Sub-Line Items 0002AA through 0002AE.

0002AA 10,000 Cubic

OPTION Approach Channel Maintenance

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002AB 10,000 Cubic

Yard OPTION Approach Channel Maintenance

FFP

Approach Channel Maintenance Area Dredging and Disposal at Placement Area

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002AC 5,000 Cubic

Yard OPTION Approach Channel Maintenance

FFP

0002AD 5,000 Cubic

0002AE 1 Lot Performance & Payment Bonds

FFP

Performance & Payment Bonds for Line Items 0002AA through 0002AD.

THIS IS A COST REIMBURSABLE LINE ITEM - The Government will reimburse the Contractor for the actual cost of acceptable performance and payment bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will be modified to adjust the line item accordingly.

Adjustment(s) to the line item will also be made any revisions to the actual bond

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Burns Harbor Group 2 Options

FFP

This is a Parent Line Item identifying the option work that relates directly to its Sub-Line Item 0003AA through 0003AE; the Sub-Line Item themselves identify the quantities required to perform said work. Therefore, the Contractor shall provide its pricing separately at Sub-Line Items 0003AA through 0003AE.

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003AA 1 Job OPTION Mobilization

FFP

Under this CLIN, the Contractor is required to perform mobilization activities. The Contractor will be compensated for the totality of its activities needed to mobilize its equipment and labor force to the project site.

Payment Provisions:

The Government will pay all costs for the mobilization of all the Contractor's plant and equipment at the lump sum price for this item. The Contracting Officer or a Representative may require the Contractor to furnish cost data or justify the bid price for this item if the Contracting Officer deems there is no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to

0003AB 1 Job OPTION Demobilization

FFP

Under this CLIN, the Contractor is required to perform demobilization activities.

The Contractor will be compensated for the totality of its activities needed to demobilize its equipment and labor force to the project site.

Payment Provisions:

The Government will pay all costs for the demobilization of all the Contractor's plant and equipment at the lump sum price for this item. The Contracting Officer or a Representative may require the Contractor to furnish cost data to justify the bid price for this item if the Contracting Officer deems there is no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to

0003AC 1 Job OPTION Scow Silent Inspector

0003AD 40,000 Cubic

0003AE 1 Lot OPTION Performance & Payment Bond

FFP

Performance & Payment Bonds for Line Items 0003AA through 0003AD.

THIS IS A COST REIMBURSABLE LINE ITEM - The Government will reimburse the Contractor for the actual cost of acceptable performance and payment bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will be modified to adjust the line item accordingly.

bond costs associated with contract changes.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Burns Harbor Group 3 Options

FFP

This is a Parent Line Item identifying the work that relates directly to its Sub-Line Items 0004AA through 0004AE; the Sub-Line Items themselves identify the quantities required to perform said work. Therefore, the Contractor shall provide the pricing separately at Sub-Line Items 0004AA through 0004AE.

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004AA 10,000 Cubic

Yard OPTION Approach Channel Maintenance

FFP

0004AB 10,000 Cubic

0004AC 5,000 Cubic

0004AD 5,000 Cubic

0004AE 1 Lot Performance & Payment Bond

FFP

Performance & Payment Bonds for Line Items 0004AA through 0004AD.

THIS IS A COST REIMBURSEABLE LINE ITEM - The Government will reimburse the Contractor for the actual cost of acceptable performance and payment bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line amount for the performance and payment bonds. If the actual cost of the bonds is more than the line item amount, the contract will be modified to adjust the line item accordingly.

TOTAL BI D PRICE

BID PRICING:

TOTAL AMOUNT FOR THE BASE WORK (0001AA THROUGH 0001AE): $____________________

TOTAL AMOUNT FOR GROUP 1 OPTONS (0002AA THROUGH 0002AE): $_________________

TOTAL AMOUNT FOR GROUP 2 OPTIONS (0003AA THROUGH 0003AE): $_________________

TOTAL AMOUNT FOR GROUP 3 OPTIONS (0004AA THROUGH 0004AE): $_________________

OVERALL BID PRICE (0001AA THROUGH 0004AE): $_____________________________________

IMPORTANT SOLICITATION NOTES

1. BID CONDITIONS:

a. The Contractor shall bid ALL items, to include the Option Items, contained in the Bid Schedule, with no exceptions. Should a contractor fail to fully complete the Bid Schedule, its bid may be considered non-responsive to the solicitation and ineligible for the resultant contract award. Therefore, the bidder’s total price for the work shall be based on the TOTAL of ALL BID & OPTION ITEMS included in the Bid Schedule. The Contractor shall enter both its unit prices and the extended prices for each item in the bid schedule.

b. The Government intends to award all Base Bid Items to the responsive, responsible bidder submitting the lowest aggregate price for all items in the Bid Schedule.

c. Split or multiple awards will not result from this Solicitation.

2. OPTION PROVISIONS & RELATED PERFORMANCE TIMEFRAMES:

The contract planned for this acquisition is a firm fixed price dredging contract. At its inception, the government intends to award all Base Work (Items 0001AA through 0001AE). The contract will incorporate options. If and when an option(s) is exercised, the government will implement the following timelines as described below.

IMPORTANT NOTE: Exercising of any Option Item occurs by way of a formal modification to the contract.

No separate Notice to Proceed is issued once a modification is awarded. The contractor will be responsible for providing additional bonding coverage within 15 calendar days after the execution of the option modification.

The schedule for awarding options is based upon the Notice to Proceed being fully executed by mid-September 2017, while taking into account the Base Work ending 365 calendar days following the contractor’s acknowledgement of the Notice to Proceed.

a. BURNS HARBOR GROUP 1 OPTION (Items 0002AA through 0002AE): The government, at its discretion, may award any, all or none of the items under BURNS HARBOR GROUP 1 OPTION Work. If an option is exercised, it will result by an award within 270 calendar days following the Contractor’s acknowledgement of the Notice to Proceed. At such time of option award (for any BURNS HARBOR GROUP 1 OPTION Work), no additional performance time will be added to the contract. The government intends for Option 1 Work to be accomplished prior to the ending time allocated for the Base Work. Regardless of the number of option items awarded, additional bond coverage will be required, equating to the entire contract “increase” (Re: Clause Section 00700, FAR Clause No. 52.228‐15).

b. BURNS HARBOR GROUP 2 OPTION (Items 0003AA through 0003AE): The government, at its discretion, may award any, all or none of the items under BURNS HARBOR GROUP 2 OPTION Work. If an option is exercised, it will result by an award within 270 calendar days following the Contractor’s acknowledgement of the Notice to Proceed. At such time of option award, the government will extend the contract time by 365 calendar days. Note, should the government separately award any of the option items under “BURNS HARBOR GROUP 2 OPTION,” the time extension would only be applied one time, which would occur under the first option modification. Regardless of the number of option items awarded, additional bond coverage will be required, equating to the entire contract “increase” (Re: Clause Section 00700, FAR Clause No. 52.228‐15).

c. BURNS HARBOR GROUP 3 OPTION (Items 0004AA through 0004AE): The government, at its discretion, may award any, all or none of the items under BURNS HARBOR GROUP 3 OPTION Work. If an option is exercised, it will result by an award within 270 calendar days following the Contractor’s acknowledgement of the Notice to Proceed. At such time of option award, no additional performance time will be added to the contract. Regardless of the number of option items awarded, additional bond coverage will be required, equating to the entire contract “increase” (Re: Clause Section 00700, FAR Clause No. 52.228‐15).

3. SUBMISSION OF BIDS:

a. Bidders shall comply with the instructions contained at Block 13 on Page 1 of this Solicitation as well as other areas where instructions are provided.

b. Bidders are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in the space provided, by completing Blocks 8 and 15 of the Amendment (Standard Form 30), by separate letter, or by telegram prior to opening of bids.

c. SF 1442 BACK (Page 2 of the Solicitation): Bidders shall fully complete all required areas located under the section designated as “OFFER” (refer to Items 14 through 20C).

d. Section 00600 (Representation and Certifications): The bidder must fully complete Section 00600 of this Solicitation and submit it along with all other documents required by this Solicitation. Bids received without this Section fully completed may be rejected, considered non-responsive and ineligible for award.

e. BID GUARANTEE: The Bidder is required to submit a Bid Guarantee for this procurement. The Bid

Guarantee shall be in the amount of 20% of the bidder’s price or $3,000,000.00, whichever is less.

Refer to Clause 52.228-1 at Section 00100 of this Solicitation.

4. DELIVERY OF BIDS

a. Sealed Bids: Regardless of the method of delivery (mailed or hand-carried), bids and all other documents called out in the Solicitation shall be enclosed and sealed in an envelope that is clearly marked “Bid” and shall include the assigned Solicitation Number, and the Bid Opening Date and Time.

b. Mailed Bids: It is the responsibility of each bidder to ensure that its Sealed Bid is received by USACE –Chicago District’s Contracting Branch, located at 231 South LaSalle Street, Suite 1500, Chicago, IL 60604 prior to the date and time set for the opening of the bids – See Block 13A of Page 1 of the Solicitation.

c. Hand Carried Bids Delivered on the Day of the Bid Opening PRIOR TO 12:00 NOON: For bids being hand-carried prior to 12:00 NOON on the date of the bid opening, the bidder shall CONTACT Ms. Megan Manis at (312) 846-549 or Mr. Mike Jones at (312) 846-5373 to retrieve the Bid from the Lobby Area of the USACE’s office location, which is located at 231 South LaSalle Street, Suite 1500, Chicago, IL 60604.

d. Hand-carried Bids Delivered on the Day of the Bid Opening AFTER 12:00 NOON: for bids being hand-carried after 12:00 NOON on the date of the bid opening, the bidder shall be prepared to check in at the Security desk (see detailed instructions provided below at Paragraph 5) and from there, sign in at Suite 1500 wherein afterwards it will be directed to the designated Bid Opening Room to furnish its sealed bid.

5. BID OPENING ROOM:

a. The designated Bid Opening Room is located on the 16th floor at 231 South LaSalle Street, Chicago, IL

60604.

b. In order to gain access, all interested participants must check in at the Security Desk in the lobby (Clark Street Entrance) with a valid photo ID. The Security desk will issue an access card for gaining access to the USACE Main Office, Suite 1500.

c. Each visitor is required to check-in at the USACE Main Office, Suite 1500, where they will be asked to sign-in and will then be directed to the Bid Opening Room. All individuals intending to attend the Bid Opening must allow enough time to go through security and check in at the USACE office before being escorted to the Bid Opening Room.

6. QUESTIONS: PLEASE NOTE: INTERESTED BIDDERS ARE HIGHLY ENCOURAGED TO

SUBMIT THEIR CONTRACTING AND TECHNICAL INQUIRIES IN WRITING NO LATER THAN

16 August 2017 to Ms. Megan Manis at megan.r.manis@usace.army.mil.

mailto:megan.r.manis@usace.army.mil

7. Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans employment: www.vets.gov/

Federal veteran employment information: www.fedshirevets.gov/index.aspx

Veterans’ Employment and Training Service (VETS): http://www.dol.gov/vets/

Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow/

U.S. Army Warrior Transition Command Employment Index:

wtc.army.mil/modules/employers/index.html

Hiring Our Heroes initiative: www.uschamberfoundation.org/hiring-our-heroes

Guide to Hiring Veterans:

www.whitehouse.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf http://www.vets.gov/

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.228-2 Additional Bond Security OCT 1997 52.232-15 Progress Payments Not Included APR 1984 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(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

20.9% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is the state of Indiana, Portage County, City of Porter.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3M, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(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

Regina G. Blair USACE – Chicago District 231 South LaSalle Street, Suite 1500 Chicago, IL 60604

(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):

www.acquisition.gov/far

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

http://www.acquisition.gov/far

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

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

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

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

(2) The small business size standard is $27,500,000.00 for mechanical dredging.

(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)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

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

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

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

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

https://www.acquisition.gov/

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

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

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

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

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

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

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

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

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

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

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

____ Use with Alternate I.

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

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

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreeements or Statements

JAN 2017

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

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

AUG 2011

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

OCT 2010

52.219-8 Utilization of Small Business Concerns NOV 2016 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB…

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