W912P6-18-B-0014_Calumet_Harbor_Rock_Removal-FY18_Certified_Final_RTA_SPECS.pdf

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CALUMET HARBOR ROCK REMOVAL, CALUMET HARBOR, LAKE COUNTY, INDIANA
Solicitation number
W912P618B0014
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SOLICITATION SPECIFICATION DOCUMENT

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CHICAGO DISTRICT

LEADERS IN CUSTOMER CARE

CALUMET HARBOR

ROCK REMOVAL FY18

CHICAGO, ILLINOIS

CONSTRUCTION SOLICITATION

AND SPECIFICATIONS

Certified Final Documents –

RTA W912P618B0014

August 15, 2018

Calumet Harbor and River Maintenance Dredging FY18 W912P618B0014

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT & CONTRACTING REQUIREMENTS

00 10 00 SOLICITATION

00 21 00 INSTRUCTIONS

00 21 13 INSTRUCTIONS TO BIDDERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 73 00 SUPPLEMENTARY CONDITIONS

WAGE RATES

DIVISION 00 – SUBSURFACE INFROMATION

00 31 32.13 SUBSURFACE DRILLING AND ROCK REMOVAL TEST SECTION

INFORMATION

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 GENERAL PROVISIONS

01 11 00 SUMMARY OF WORK

01 22 00.00 10 PRICE AND PAYMENT PROCEDURES

01 33 00 SUBMITTAL PROCEDURES

01 35 25 DIVING OPERATION REQUIREMENTS

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 20.01 ENVIRONMENTAL PROTECTION FOR ILLINOIS

01 58 00 PROJECT IDENTIFICATION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23.00 03 MECHANICAL DREDGING

35 21 00 WATER QUALITY MONITORING

35 21 23.13 NATIONAL DREDGING QUALITY MANAGEMENT (DQM) PROGRAM SCOW –

MONITORING PROFILE

35 27 00 TRANSPORTATION AND DISPOSAL OF DREDGED MATERIAL

35 30 00 UNDERWATER DRILLING AND BLASTING

-- End of Project Table of Contents --

CALUMET HARBOR ROCK REMOVAL, CALUMET HARBOR, LAKE COUNTY, INDIANA

Under the contract, the government w ill require the removal of the existing dolomite on the bottom of the harbor that needs to be removed in order to ensure availability of the authorized depth in the channel. Calumet Harbor is located in Calumet Harbor in Lake County Indiana.

The estimated magnitude of construction cost is BETWEEN $5M AND $10M

This procurement is 100% set-aside for CERTIFIED HUBZONE SMALL BUSINESSES. North American Industry Classif ication System Code is

237990, w ith Small Business size of $36.5M.

Applicable Wage Rates: General Decision Numbers: IL180018, IL18 01/05/2018 (Marine Work for Indiana) AND IL20170009 08/03//2018

(Construction Work)

ELECTRONIC OR FAXED BIDS WILL NOT BE ACCEPTED.

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

X

ERICKA D. HILLARD 312-846-5378

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

15-Aug-2018

(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 ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 70 00

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 ______________17 Sep 2018 (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

01:00 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: TEL: FAX:

W912P618B0014 57

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 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 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 unit price for this item. The Contracting Officer or its

Representative may require the Contractor to furnish cost data to justify its 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

0002 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 unit price for this item. The Contracting Officer or its

Representative may require the Contractor to furnish cost data to justify its 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.

0003 17,500 Cubic

Yard

GLACIAL TILL ("HARDPAN") & ROCK

FFP

EXCAVATION & DISPOSAL CALUMET HARBOR CDF (FFP)

0004 1 Job

SCOW SILENT INSPECTOR

0005 1 Job

WATER QUALITY MONITORING

0006 1 Lot

PERFORMANCE AND PAYMENT BOND

FFP

PERFORMANCE AND PAYMENT BONDS ASSOCIATED WITH LINE

ITEMS 0001 THROUGH 0005

THIS IS A COST-REIMBURSABLE LINE ITEM - The Government will reimburse the Contractor for the actual cost of acceptable performance and payments 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 amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly.

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

OPTION 1 OPTIONS

FFP

This is a Parent Line Item identifying the option work that relates directly to its

Sub-Items 0007AA and the required bond coverage, via 0007AB. Therefore, the

Contractor shall provide its pricing separately at Sub-Items 0007AA and 0007AB.

0007AA 1 Job

OPTION TOP OF ROCK/HARD MATERIAL CONTOUR SURVEY

(PRIORITY 1)

0007AB 1 Lot

OPTION PERFORMANCE AND PAYMENT BOND

FFP

PERFORMANCE AND PAYMENT BONDS ASSOCIATED WITH OPTION

LINE ITEM 0007AA

payments 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 amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly.

OPTION 2 OPTIONS

FFP

This is a Parent Line Item identifying the option work that relates directly to its

Sub-Items 0008AA and the required bond coverage, via 0008AB. Therefore, the

Contractor shall provide its pricing separately at Sub-Items 0008AA and 0008AB.

0008AA 1 Lot

OPTION DEMONSTRATION WORK

(PRIORITY 2)

0008AB 1 Lot

OPTION PEFORMANCE AND PAYMENT BOND (PRIORITY 2)

FFP

LINE ITEM 0008AA

payments 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 amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly.

OPTION 3 OPTIONS

FFP

This is a Parent Line Item identifying the option work that relates directly to its

Sub-Items 0009AA and the required bond coverage, via 0009AB. Therefore, the

Contractor shall provide its pricing separately at Sub-Items 0009AA and 0009AB.

0009AA 2,000 Cubic

OPTION GLACIAL TILL ("HARDPAN") & ROCK

0009AB 1 Lot

OPTION PERFORMANCE AND PAYMENT BOND

FFP

LINE ITEM 0009AA

payments 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 amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line tem accordingly.

OPTION 4 OPTIONS

FFP

This is a Parent Line Item identifying the option work that relates directly to its

Sub-Items 0010AA and the required bond coverage, via 0010AB. Therefore, the

Contractor shall provide its pricing separately at Sub-Items 0010AA and 0010AB.

0010AA 2,000 Cubic

0010AB 1 Lot

OPTION PERFORMANCE AND PAYMENT BOND

FFP

LINE ITEM 0010AA

payments 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 amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line tem accordingly.

OPTION 5 OPTIONS

FFP

This is a Parent Line Item identifying the option work that relates directly to its

Sub-Items 0011AA and the required bond coverage, via 0011AB. Therefore, the

Contractor shall provide its pricing separately at Sub-Items 0011AA and 0011AB.

0011AA 1,500 Cubic

0011AB 1 Lot

OPTION PERFORMANCE AND PAYMENT BOND

FFP

LINE ITEM 0011AA

payments 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 amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line tem accordingly.

OPTION 6 OPTIONS

FFP

This is a Parent Line Item identifying the option work that relates directly to its

Sub-Items 0012AA and the required bond coverage, via 0012AB. Therefore, the

Contractor shall provide its pricing separately at Sub-Items 0012AA and 0012AB.

0012AA 1,500 Cubic

0012AB 1 Lot

OPTION PERFORMANCE AND PAYMENT BOND

FFP

LINE ITEM 0012AA

payments 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 amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line tem accordingly.

OPTION 7 OPTIONS

FFP

This is a Parent Line Item identifying the option work that relates directly to its

Sub-Items 0013AA and the required bond coverage, via 0013AB. Therefore, the

Contractor shall provide its pricing separately at Sub-Items 0013AA and 0013AB.

0013AA 750 Cubic

0013AB 1 Lot

OPTION PERFORMANCE AND PAYMENT BOND

FFP

LINE ITEM 0013AA

payments 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 amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line tem accordingly.

OPTION 8 OPTIONS

FFP

This is a Parent Line Item identifying the option work that relates directly to its

Sub-Items 0014AA and the required bond coverage, via 0014AB. Therefore, the

Contractor shall provide its pricing separately at Sub-Items 0014AA and 0014AB.

0014AA 750 Cubic

0014AB 1 Lot

OPTION PERFORMANCE AND PAYMENT BOND

FFP

LINE ITEM 0014AA

payments 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 amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line tem accordingly.

TOTAL BID PRICING

TOTAL AMOUNT FOR BASE BID WORK

(ITEMS 0001 THROUGH 0006): $_____________________________

TOTAL AMOUNT FOR BIDDABLE LINE ITEMS FOR PRIORITY 1 OPTIONS

(LINE ITEMS 0007AA‐0007AB): $ ______________________________

TOTAL AMOUNT FOR BIDDABLE LINE ITEMS FOR PRIORITY 2 OPTIONS

(LINE ITEMS 0008AA ‐0008AB): $________________________________

TOTAL AMOUNT FOR BIDDABLE LINE ITEMS FOR PRIORITY 3 OPTIONS

(LINE ITEMS 0009AA ‐0009AB): $_______________________________

TOTAL AMOUNT FOR BIDDABLE LINE ITEMS FOR PRIORITY 4 OPTIONS

(LINE ITEMS 0010AA ‐0010AB): $_______________________________

TOTAL AMOUNT FOR BIDDABLE LINE ITEMS FOR PRIORITY 5 OPTIONS

(LINE ITEMS 0011AA ‐0011AB): $_______________________________

TOTAL AMOUNT FOR BIDDABLE LINE ITEMS FOR PRIORITY 6 OPTIONS

(LINE ITEMS 0012AA ‐0012AB): $_______________________________

TOTAL AMOUNT FOR BIDDABLE LINE ITEMS FOR PRIORITY 7 OPTIONS

(LINE ITEMS 0013AA ‐0013AB): $_______________________________

TOTAL AMOUNT FOR BIDDABLE LINE ITEMS FOR PRIORITY 8 OPTIONS

(LINE ITEMS 0014AA ‐0014AB): $_______________________________

OVERALL BID AMOUNT (ITEMS 0001 THROUGH 0014AB):

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-22 Alternative Line Item Proposal JAN 2017

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

52.214-19 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

52.228-2 Additional Bond Security OCT 1997

252.203-7004 Display of Hotline Posters OCT 2016

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.

(End of provision)

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

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM-FIXED PRICE (FFP) CONSTRUCTION CONTRACT contract resulting from this solicitation..

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).

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting

Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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 Calumet

Harbor in Lake County, IN.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

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

52.225-9).

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

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the

Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph

(b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

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

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR

52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

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

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

(ii) May be accepted if revised during negotiations.

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.

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:

Ms. Regina G. Blair, Contracting Chief

USACE ‐ Chicago District

231 South LaSalle Street, Suite 1500

Chicago, Illinois 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.

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

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

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

Name: Doug Anderson

Address: 231 S. LaSalle St, Suite 1500

Chicago, IL 60604

Telephone: (219) 923-1763

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

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 00 21 13 - Instructions to Bidders

IMPORTANT NOTES TO BIDDERS

(IMPORTANT NOTE: FAR CLAUSE 52.204-17 and 52.204-20 are required in FAR 52.204-8)

1. BID CONDITIONS:

a. The Contractor shall bid ALL items including 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 In-eligible for the resultant contract award.

Therefore, the bidder’s total price for the work shall be based on the TOTAL of all BID items included in the Bid Schedule. The Contractor shall enter both its unit prices and extended prices for each Bid Item and the Option Items.

b. The Government intends to award all Base Bid Items to the responsive, responsible bidder.

Award will be based upon the bidder submitting the lowest aggregate fair and reasonable price for all items in the bid schedule, including the option items.

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

2. OPTION PROVISIONS –

AWARD OF OPTIONS: At the Government’s discretion, any, all or none of the Option Items under the Bid Schedule may be exercised at the time of award.

EXERCISE OF OPTION ITEMS: At the government's discretion, any, all or none of the Options Items under the Bid Schedule may be awarded NO LATER THAN 180 calendar days from the date the Contractor acknowledges the Notice to Proceed; this means, any option under the schedule must be awarded within this timeframe. If any of the Options are awarded, no additional time or time extension would be added to the Contract performance period.

3. SUBMISSION OF BIDS:

a. BIDS OR MODIFICATIONS TO BIDS THAT ARE RECEIVED BY FACSIMILE OR TELETYPE WILL NOT BE CONSIDERED. All Sealed Bids must be submitted in accordance with the procedures set forth in Block No. 13 of Page 1 of this Solicitation Document.

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 the required areas located under the section designated as “OFFER” (refer to Items 14 through 20C)

d. Section 00 45 00 (Representations and Certifications): The bidder must fully complete Section 00 45 00 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.

Any bidder failing to submit an authentic Bid Guarantee will be considered non‐ responsive to the Solicitation and ineligible for award. The Bid Guarantee shall be in the amount of 20% of the bidder’s price or $3,000,000.00, whichever is less.

f. PREAWARD SURVEY: See Attachment A, all contractors shall complete the enclosed form and furnish a completed copy with other deliverable required by this solicitation.

DELIVERY OF BIDS:

(1) 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.

(2) Mailed Bids: It is the responsibility of each bidder to ensure that its Sealed Bid is received by the Chicago District’s – USACE 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.

(3) Hand‐ carried Bids Delivered on the Day of the Bid Opening PRIOR TO NOON: For bids being hand‐ carried prior to 12:00 NOON on the date of the bid opening, the bidder shall CONTACT Ericka Hillard at 312‐ 846‐ 5378, or Mike Jones at 312‐ 846‐ 5373 to retrieve its Bid from the Lobby Area of the USACE’s office location, which is located at 231 South LaSalle Street, Chicago, Illinois 60604

(4) Hand‐ carried Bids Delivered on the Day of the Bid Opening AFTER 12:00 NOON: For bids being hand-carried after 12: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 4) 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.

4. BID OPENING ROOM:

a. The designated Bid Opening Room is located on the 16th floor at 231 South LaSalle Street, Suite 1500, Chicago, Illinois 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.

5. QUESTIONS: PLEASE NOTE: INTERESTED BIDDERS ARE HIGHLY ENCOURAGED TO SUBMIT

THEIR CONTRACTING AND TECHNICAL INQUIRIES IN WRITING NOT LATER THAN SEPTEMBER 4,

2018 to Ms. Ericka Hillard at ericka.d.hillard@usace.army.mil, with a copy furnished to: Ms. Regina Blair, via email: regina.r.blair@usace.army.mil. – BE SURE TO INCLUDE THE SOLICIATION NUMBER

W912P618B0014 AND PROJECT TITLE ON THE SUBJECT LINE OF YOUR EMAIL.

ATTACHMENT A

PREAWARD SURVEY INFORMATION

(RE: Subparts 9.104-1 and 9.105-1 of the Federal Acquisition Regulation)

CONTRACTOR: __________________________

SOLICITATION W912P6-18-B-0014, CALUMET HARBOR ROCK REMOVAL

Please complete the below form to assist in the completion of a Pre-award Survey:

1. Month and Year started in business:__________________________________________

2. Year and State Incorporated:________________________________________________

3. Key Personnel: __________________________________________________________

President/Owner: ___________________________________________________________

Vice President/Partner:________________________________________________________

Secretary/Treasurer:__________________________________________________________

4. Number of Full-Time Employees:____________________________________________

5. Surety -

Agency: ___________________________________________________________________

Agent: ____________________________________________________________________

Address, City & State: _______________________________________________________

Telephone#: ________________________________________________________________

6. Insurance Company -

Agency: ____________________________________________________________________

Agent: _____________________________________________________________________

Address, City & State: _________________________________________________________

Telephone#: _________________________________________________________________

7. Financial Institution Information -

Name of Bank: _______________________________________________________________

Contact Person: _______________________________________________________________

Address, City & State: __________________________________________________________

W912P618B0014

Telephone#: ___________________________________________________________________

8. References: Provide the names and contact information of three references. Information obtained from references will be used to determine if you have been diligent in the following areas: a) Quality of Work; b) Timely

Performance; c) Effectiveness of Management; d) Compliance with Safety Standards; and e) Compliance with

Labor Standards.

9. Does your company have any ongoing projects that may cause a problem with completing or beginning performance of the subject project?

END OF FORM

Section 00 45 00 - Representations and Certifications

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

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

(2) The small business size standard is $36,500,000.

(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 Delinquent 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) 52.223-1, 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.

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

(xviii) 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.)

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

(xx) 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 $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

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

5.

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

(xxiii) 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.

(xxiv) 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.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

https://www.acquisition.gov/

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a…

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