SOLICITATION_W912P619B0012_BURNS_HARBOR_DREDGING(2).pdf

SOLICITATION NO: W912P619B0012

CHICAGO DISTRICT

LEADERS IN CUSTOMER CARE

APPROACH CHANNEL

DREDGING FOR BURNS

HARBOR, INDIANA

CONSTRUCTION SOLICITATION

AND SPECIFICATIONS

Certified Final Documents – Ready to Advertise W912P619B0012 August 6, 2019

Approach Channel Dredging for Burns Harbor, Indiana W912P619B0012

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00 SOLICITATION

00 21 13 INSTRUCTIONS TO BIDDERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

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 PROCEDURE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENT SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.10 20 QUALITY CONTROL FOR MINOR CONSTRUCTION

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 IDENTIFICATION

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

35 20 23 DREDGING

35 21 23.13 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM

SCOW – MONITORING PROFILE

-- End of Project Table of Contents –

W81G6691365547

Project Title: Approach Channel Dredging for BURNS Harbor - (BURNS HARBOR, IN) Chicago District Project

Project Description: The contractor w ill be required to remove up to 90,000 Cubic Yards (CY) of sediment by mechanical dredging, at the Burns Harbor approach channel and dispose of the dredged sediment near shore at Ogden Dunes.

COMPETITION FOR THIS ACQUISITION IS 100% SET-ASIDE FOR HUBZone SMALL BUSINESS CONCERNS; the applicable NAICS is 237990 w ith a small business size standard of $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 Construction Costs, in accordance w ith FAR 36.204 is betw een $1M and $5M.

Construction Wage Rates: General Decision Number IL190018, dated 04/26/2019 IL18 applies to this solicitation.

Electronic or faxed bids w ill not be accepted.

X

ANITA R SIMPKINS 312.846.5370

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

19-Aug-2019

(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 ________545 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section 007000

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 ______________20 Sep 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

04:00 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:

W912P619B0012 48

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

CONTRACT BID FORM BID SCHEDULE

THE BELOW BID FORM SERVES AS THE BID SCHEDULE AND SHALL BE USED BY THE BIDDER

TO ENTER ITS BID PRICING IMPORTANT NOTE ‐ DISTINCTION OF LINE ITEMS:

The below Bid Schedule contains a combination of Firm Fixed Price (FFP) and cost reimbursable line items. Although “FFP” is shown in the description of the cost reimbursable line items, it is not to be construed as a Firm Fixed Price line item. In this case, the FFP represents the Contract Type, which is firm fixed price. Therefore, the contractor will be reimbursed as stated within the extended description of the cost reimbursable line items.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE WORK - BURNS APPROACH CHANNEL

FFP

DREDGING

This is a parent Contract Line Item, linking its Sub-Items 0001AA through 0001AE. The actual work to be performed is described under the aforementioned Sub-Items. In that regard, the Contractor's pricing to perform the required services shall be provided therein Items 0001AA through 0001AE, wherein the sub-line items themselves identify the quantities required to perform said work.

PURCHASE REQUEST NUMBER: W81G6691365547

NET AMT

0001AA 1 Job

MOBILIZATION FOR BASE WORK

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 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.

0001AB 1 Job

DEMOBILIZATION FOR BASE WORK

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.

0001AC 1 Job

SCOW SILENT INSPECTOR

FFP

0001AD 40,000 Cubic

Yard

MAINTENANCE DREDGING AND PLACEMENT

0001AE 1 Lot

PERFORMANCE AND PAYMENT BONDS

FFP

Payment & Performance Bond for LINE ITEMS 0001AA THROUGH 0001AD -

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 GROUP OPTION 1 ITEMS

FFP

This is a parent Contract Line Item, linking its Sub-Items 0002AA through 0002AF. The actual work to be performed is described under the aforementioned Sub-Items. In that regard, the Contractor's pricing to perform the required services shall be provided therein Items 0002AA through 0002AF, wherein the sub-line

0002AA 20,000 Cubic

OPTION MAINTENANCE DREDGING AND PLACEMENT -

OPTION PRIORITY (1)

0002AB 10,000 Cubic

OPTION PRIORITY (2)

0002AC 10,000 Cubic

OPTION PRIORITY (3)

0002AD 5,000 Cubic

OPTION PRIORITY (4)

0002AE 5,000 Cubic

OPTION PRIORITY (5)

0002AF 1 Lot

OPTION PERFORMANCE AND PAYMENT BONDS

FFP

Payment & Performance Bond for LINE ITEMS 0002AA THROUGH 0002AE -

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

OPTION GROUP OPTION 2 ITEMS

FFP

This is a parent Contract Line Item, linking its Sub-Items 0003AA and 0003AG. The actual work to be performed is described under the aforementioned Sub-Items. In that regard, the Contractor's pricing to perform the required services shall be provided therein Items 0003AA through 0003AG, wherein the sub-line

0003AA 40,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA - PRIORITY 1

FOB: Destination

0003AB 20,000 Lot

OPTION OGDEN DUNES PLACEMENT AREA - PRIORITY 2

0003AC 10,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA - PRIORITY 3

0003AD 10,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA - PRIORITY 4

0003AE 5,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA - PRIORITY 5

0003AF 5,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA - PRIORITY 6

0003AG 1 Lot

OPTION PERFORMANCE AND PAYMENT BONDS FOR OPTION

FFP

ITEMS 3

Payment & Performance Bond for LINE ITEM 0003AA - 0003AF

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

OPTION GROUP OPTION 3 ITEMS

FFP

This is a parent Contract Line Item, linking its Sub-Items 0004AA and 0004AG. The actual work to be performed is described under the aforementioned Sub-Items. In that regard, the Contractor's pricing to perform the required services shall be provided therein Items 0004A through 0004AG, wherein the sub-line

0004AA 40,000 Cubic

OPTION PORTAGE BEACH PLACEMENT AREA -

PRIORITY 1

0004AB 20,000 Lot

OPTION PORTAGE BEACH PLACEMENT AREA -

FFP

PRIORITY 2

0004AC 10,000 Cubic

PRIORITY 3

0004AD 10,000 Cubic

PRIORITY 4

0004AE 5,000 Cubic

PRIORITY 5

0004AF 5,000 Cubic

PRIORITY 6

0004AG 1 Lot

OPTION PERFORMANCE AND PAYMENT BONDS FOR OPTION

FFP

ITEMS 4

Payment & Performance Bond for LINE ITEM 0004AA - 0004AF

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

SUMMATION OF PRICING

TOTAL BASE BID ITEMS - LINE ITEMS 0001AA THROUGH 0001AE: $_________________________

OPTION 1 – LINE ITEMS 0002AA THROUGH 0002AF: $____________________________________

OPTION 2 – LINE ITEMS 0003AA AND 0003AG: $_________________________________________

OPTION 3 – LINE ITEMS 0004AA AND 0004AG: $_________________________________________

TOTAL OVERALL BID AMOUNT - ITEMS 0001AA THROUGH 0004AG: $________________________

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 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 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.214-20 BID SAMPLES (APR 2002)

(a) Bid sample means a product sample required to be submitted by a bidder to show those characteristics of the offered products that cannot adequately be described by specifications, purchase descriptions, or the invitation for bid (e.g., balance, facility of use, or pattern).

(b) Bidders must furnish bid samples as part of the bid. The Government must receive the bid samples by the time specified in the invitation for bids. If the bidder fails to submit samples on time, the Government will reject the bid, except that the Contracting Officer will consider a late sample sent by mail under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation.

(c) The Government will test or evaluate bid samples to determine compliance with all the characteristics listed for examination in this solicitation. The Government will reject the bid when the sample fails to conform to the required characteristics. Products delivered under any resulting contract must conform to--

(1) the approved sample for the characteristics listed for test or evaluation and

(2) the specifications for all other characteristics.

(d) Unless otherwise specified in the solicitation, bid samples shall be (1) submitted at no expense to the Government, and (2) returned at the bidder's request and expense, unless they are destroyed during preaward testing was produced.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICE CONSTRUCTION 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 STATE OF

INDIANA, COUNTY OF PORTER, AND CITY OF BURNS HARBOR.

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 $3,000,000.00, 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

Regina G. Blair Contracting Chief, Chicago District Directorate of Contracting 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.

52.252-1 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

IMPORTANT BID NOTES:

http://www.acquisition.gov/

1. BID CONDITIONS:

a. The Bidder shall price ALL items contained in the Bid Schedule, including the Option Items, taking no exceptions to the government’s requirements. Should a Bidder fail to fully complete the bid schedule, its bid may be considered non‐responsive to the solicitation and ineligible for the resultant contract award.

– Bidders shall ensure that their bid schedule includes a unit and extended price for each Bid and Option Item.

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

c. AWARD OF OPTION ITEMS: 0002AA through 0004AB. At the discretion of the government, any, all or none of the Option Items under the Bid Schedule may be exercised as follows:

The above Bid Schedule contains Priority Option Line Items. At the government's discretion, any, all or none of these particular Line Items (0002AA through 0004AB) may be exercised. When exercised, option(s) will be awarded within the order of priority, beginning with Option Priority 1, then Option Priority 2, ending with Option Priority 5. However, the government is under no obligation to award each and every option item under any designed Priority group (e.g. Option Priority 1); any, all or none of the option items may be awarded.

Option 1 Items – can be exercised within 220 calendar days following the Contractor’s acknowledgement of the Notice to Proceed. If any Option is exercised, the work must be performed within the time remaining under the Contract, meaning no additional time will be added to the Contract.

Performance and Payment Bond it will be awarded if any option is exercised as bonding is required once the contract price is increased – see provision at Solicitation Section 00 70 00, Federal Acquisition Regulation Clause No. 52.228‐15.

Option 2 Items – can be exercised within 220 calendar days following the Contractor’s acknowledgement of the Notice to Proceed. If any Option is exercised, the work must be performed within the time remaining under the Contract, meaning no additional time will be added to the Contract.

Performance and Payment Bond it will be awarded if any option is exercised as bonding is required once the contract price is increased – see provision at Solicitation Section 00 70 00, Federal Acquisition Regulation Clause No. 52.228‐15.

Option 3 Items – can be exercised within 220 calendar days following the Contractor’s acknowledgement of the Notice to Proceed. If any Option is exercised, the work must be performed within the time remaining under the Contract, meaning no additional time will be added to the Contract.

Performance and Payment Bond it will be awarded if any option is exercised as bonding is required once the contract price is increased – see provision at Solicitation Section 00 70 00, Federal Acquisition Regulation Clause No. 52.228‐15.

2. SUBMISSION OF BIDS:

a. BIDS OR MODIFICATIONS TO BIDS THAT ARE RECEIVED BY FACSIMILE OR EMAIL 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. AMENDMENTS: 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 hand carried 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 complete Section 00 45 00 of this Solicitation and submit it along with all other documents required by this Solicitation. Bidders are now REQUIRED to be registered in the System for Award Management (SAM) AT THE TIME ITS BID IS SUBMITTED to comply with the annual representations and certifications requirements (Reference:

FAR Subpart 4.1102 ‐ Policy (a); registration can be completed free of charge at www.sam.gov.

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. ATTACHMENT A – PREAWARD SURVEY FORM: The bidder shall complete the enclosed Attachment A, the preaward survey form to aid in expediting the award of this project. Only the winning bidder’s information will be surveyed.

3. 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 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.

c. Hand‐carried Bids Delivered on the Day of the Bid Opening PRIOR TO NOON Central time: For bids being hand‐ carried prior to 12: NOON on the date of the bid opening, the bidder shall CONTACT Anita R. Simpkins at 312‐846‐ 5370, 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.

d. Hand‐carried Bids Delivered on the Day of the Bid Opening AFTER 12:00 NOON Central time: 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. Bids must be furnished to the government prior to the bid opening time.

4. BID OPENING ROOM:

http://www.sam.gov/

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 to attend the Bid Opening. This is particularly important to those hand carrying Bids as they must be received by the government prior to the bid opening time.

5. QUESTIONS:

PLEASE NOTE: INTERESTED BIDDERS ARE HIGHLY ENCOURAGED TO SUBMIT THEIR CONTRACTING AND TECHNICAL INQUIRIES IN WRITING BY August 23, 2019 to Anita R. Simpkins at anita.r.simpkins@usace.army.mil.

Send written questions, by EMAIL to anita.r.simpkins@usace.army.mil. – BE SURE TO INCLUDE THE SOLICITATION NUMBER W912P6‐19‐B‐0012 AND PROJECT TITLE ON THE SUBJECT LINE OF YOUR EMAIL.

With respect to questions, written questions may be submitted at the beginning of the pre‐bid meeting and oral questions may be submitted from the floor, will only be addressed if they are clarifications of information provided in the solicitation and in subsequent amendments issued before the scheduled pre‐bid meeting and site visit.

Answers, interpretations, and decisions made at the meeting will not become official unless and until verified by an amendment to the solicitation issued prior to the receipt of bids. Following the meeting, prospective bidders will be permitted to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract to the extent such information is reasonably obtained.

mailto:anita.r.simpkins@usace.army.mil

ATTACHMENT A

PREAWARD SURVEY INFORMATION

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

CONTRACTOR: _______________________________________

SOLICITATION W912P619B0012, “Approach Channel Dredging for BURNS Harbor - (BURNS HARBOR, IN) Chicago District Project”

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:

7. Financial Institution Information -

Name of Bank:

Contact Person:

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

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification.

JUN 2018

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(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.

(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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), 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:

[Contracting Officer check as appropriate.]

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

X (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 in SAM accessed through https://www.sam.gov. After reviewing the SAM 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.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

https://www.sam.gov/

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification…