Solicitation and Project Plans Burns Harbor Approach Channel Dredging FY20-RTA.pdf

CONTRACT NO: W912P620B0008

CHICAGO DISTRICT

LEADERS IN CUSTOMER CARE

BURNS HARBOR DREDGING

APPROACH CHANNEL

PORTAGE, INDIANA

FISCAL YEAR 2020

CONSTRUCTION SOLICITATION

AND SPECIFICATIONS

Certified Final Documents – Ready to Advertise W912P620B0008 June 12, 2020

Burns Harbor Approach Channel Dredging Fiscal Year 2020 W912P620B0008

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT & CONTRACTING REQUIREMENTS

00 10 00 SOLICITATION

00 21 00 INSTRUCTIONS TO BIDDERS

00 22 13 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 73 00 SUPPLEMENTARY CONDITIONS

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 –

SEE SCHEDULE

PROJECT TITLE: BURNS HARBOR DREDGING, BURNS HARBOR, IN

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.

COMPETITION FOR THIS ACQUISITION IS 100% SET-ASIDE FOR HUBZone SMALL BUSINESS (SB) CONCERNS; the applicable NAICS is 237990 w ith a SB size standard of $30M for dredging. -To be considered small for purposes of Government procurement, a f irm must perform at least 40% of the volume dredged w ith its ow n equipment or equipment ow ned by another small dredging concern. The Est. Magnitude of Construction Costs, is betw een $1M and $5M (re: FAR 36.204).

Construction Wage Rates: General Decision Number IL20200018, dated 03/06/2020 IL applies to this solicitation.

Reference Below Block #13A: All BIDS in response to this Solicitation shall be submitted electronically, as described at Solicitation Section 00 22 13. The only authorized transmission method for bids is electronically, online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED

Note: For the purposes of bidding this acquisition, w herein stated "RFP," it means IFB and w herein stated "offer," it means Bid.

X

KYLE D SMITH 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

18-Jun-2020

(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 ________460 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 __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee 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

(hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 312.846.5371 TEL: FAX:

W912P620B0008 61

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

BASE WORK

FFP

This is a parent Contract Line Item, linking its Sub-Items 0001AA through 0001AD. 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 0001AD, wherein the sub-line items themselves identify the quantities required to perform said work.

PURCHASE REQUEST NUMBER: W81G6693308031

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.

PURCHASE REQUEST NUMBER: W81 G6693308031

PSC CD: Y1KF

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 40,000 Cubic

Yard

MAINTENANCE DREDGING AND PLACEMENT

FFP

0001AD 1 Lot

PERFORMANCE AND PAYMENT BONDS

FFP

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

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

0002AA 20,000 Cubic

OPTION DREDGING AND PLACEMENT,QUANTITY A

0002AB 10,000 Cubic

OPTION DREDGING AND PLACEMENT, QUANTITY B

0002AC 10,000 Cubic

OPTION DREDGING AND PLACEMENT,QUANTITY C

0002AD 5,000 Cubic

OPTION DREDGING AND PLACEMENT, QUANTITY D

0002AE 5,000 Cubic

OPTION DREDGING AND PLACEMENT,QUANTITY E

0002AF 1 Lot

OPTION PERFORMANCE AND PAYMENT BONDS

FFP

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

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

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

OPTION GROUP OPTION 2 ITEMS

FFP

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

0003AA 1 Job

OPTION MOBILIZATION,

FFP

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

Payment Provisions:

The Government will pay all costs for the mobilization of all 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.

0003AB 1 Job

OPTION DEMOBILIZATION,

FFP

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

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

Payment Provisions:

The Government will pay all costs for the demobilization of all 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.

0003AC 20,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA,QUANTITY A

0003AD 10,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA, QUANTITY B

0003AE 5,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA, QUANTITY C

0003AF 5,000 Cubic

OPTION OGDEN DUNES PLACEMENT AREA, QUANTITY D

0003AG 2,500 Cubic

OPTION OGDEN DUNES PLACEMENT AREA,QUANTITY E

0003AH 2,500 Cubic

OPTION OGDEN DUNES PLACEMENT AREA, QUANTITY F

0003AJ 20,000 Cubic

OPTION PORTAGE BEACH PLACEMENT AREA, QUANTITY G

0003AK 10,000 Cubic

OPTION PORTAGE BEACH PLACEMENT AREA,QUANTITY H

0003AL 5,000 Cubic

OPTION PORTAGE BEACH PLACEMENT AREA,QUANTITY I

0003AM 5,000 Cubic

OPTION PORTAGE BEACH PLACEMENT AREA, QUANTITY J

0003AN 2,500 Cubic

OPTION PORTAGE BEACH PLACEMENT AREA, QUANTITY K

0003AP 2,500 Cubic

OPTION PORTAGE BEACH PLACEMENT AREA,QUANTITY J

0003AQ 1 Lot

OPTION PERFORMANCE AND PAYMENT BONDS

FFP

Payment & Performance Bond for LINE ITEMS 0003AA THROUGH 0003AP -

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

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

BID PRICING

TOTAL AMOUNT FOR BASE BID ITEMS (ITEMS 0001AA THROUGH 0001AD):

TOTAL AMOUNT FOR GROUP 1 OPTION ITEMS (ITEMS 0002AA THROUGH 0002AF):

TOTAL AMOUNT FOR GROUP 2 OPTION ITEMS (ITEMS 0003AA THROUGH 0003AQ):

OVERALL TOTAL BID PRICE (0001AA through 0001AE, 0002AA through 0002AF, and Items 0003AA through 0003AQ)

IMPORTANT NOTE

IMPORTANT NOTE:

At the discretion of the government, any, all or none of the Option Items under the Bid Schedule may be exercised as follows:Option Items of Groups 1 and 2 may be exercised within 250 calendar days following the Contractor’s acknowledgment 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. For any option exercised, additional bonding will be required since contract price will increase – see provision at Solicitation Section 00 70 00, Federal Acquisition Regulation Clause No. 52.228-15.

Section 00 21 00 - Instructions

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 52.214-4 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

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.

52.214-19 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)

52.216-1 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, 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) wihin 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.

52.236-27 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: Timothy Moya Address: 231 S. LaSalle St, Suite 1500, Chicago, IL 60604 Telephone: (312) 846-5470

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 22 13 - Supplementary Instructions to Bidders

IMPORTANT BID NOTES

(THE ABOVE SOLICITATION SECTION 00 10 00 IS TO BE USED BY BIDDERS

TO SUBMIT THEIR BIDS; IT IS ALSO CONSIDERED THE “BID SCHEDULE” AS

TERMED THROUGHOUT THE SOLICITATION.)

1. BID CONDITIONS:

a. The Contractor shall bid ALL items that are contained in the Bid Schedule INCLUDING ALL OPTION ITEMS, with no exceptions. Should a Contractor fail to fully complete the bid schedule, its bid will not be considered responsive to the solicitation and eligible for the resultant contract award. Therefore, the bidder’s total price for the work shall be based on the TOTAL of all BASE AND OPTION items included in the Bid Schedule. The Contractor shall enter both its unit price and extended price for each Bid Item.

b. From this Solicitation, the government intends to award one firm-fixed price contract to the responsive, responsible bidder submitting the lowest overall aggregate price for all Base and Option Items. The intent is to immediately award the base bid items at the time of award.

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

d. 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.

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

f. Section 00 45 00 (Representations and Certifications): The bidder must complete the applicable boxes found at Section 00 45 00 of this Solicitation and submit the completed Section along with all other documents required by this Solicitation. In order to place a bid in response to this Solicitation, the bidder must be registered in an “active status” at the System for Award Management (SAM) (registration can be completed on line for free at www.sam.gov). Accordingly, any bid furnished from contractor without an active registration at SAM may be considered non-responsive to the material requirements of this Solicitation and ineligible for award.

2. OPTION PROVISIONS:SEE SECTION 00 70 00 CLAUSE NO. 52.217-7

3. BID SUBMISSION:

a. All BIDS in response to this Solicitation shall be submitted electronically, as described below. The bid shall not contain classified data and the use of hyperlinks in bids is prohibited.

--The only authorized transmission method for bids is electronically, online submission. NO OTHER

TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED,

ETC.) WILL BE ACCEPTED.

b. Bids are required no later than 2:00 p.m. Central time on 21 July 2020 and shall be provided using the DoD Secure Access File Exchange (https://safe.apps.mil) as described in the below instructions.

4. INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:

a. LOCATION OF BID SUBMISSION: BY FOLLOWING THE BELOW INSTRUCTIONS, Bid packages shall be uploaded to the DoD Secure Access File Exchange via https://safe.apps.mil.

b. REQUEST FOR UPLOADING BIDS: In consideration of the location for submitting bids, the Bidder must first request access to the DoD Secure Access File Exchange by contacting the Contract Specialist Kyle Smith at Kyle.D.Smith@usace.army.mil WITH A COPY OF THE REQUEST FURNISHED to the Contracting Officer Regina G. Blair at regina.g.blair@usace.army.mil . The request to upload should be requested NO LATER THAN THREE (3) working days prior to the BID DUE DATE to avoid the Bidder not being able to upload their submission.

c. FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.)

d. FILE FORMAT: Submission shall be in Adobe PDF format.

e. INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

(1) Once at the SAFE website, select the “Drop-off” icon. This allows users without a Common Access Card (CAC) or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

(2) After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

(3) When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients.

For this solicitation, the recipients are the Contract Specialist and the Contracting Officer.

The Contract Specialist for this solicitation is Kyle.D.Smith@usace.army.mil, and the Contracting Officer is regina.g.blair@usace.army.mil. The E-Mail address of the Government Employee who initiated the request will be automatically entered. The Bidder must enter the E-Mail address for both the Contracting Officer and Specialist. The Bidder can enter an additional E-Mail address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your bid is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your bid to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Bidder can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

f. RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether a bid submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For bids larger than the capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The Government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive bids. Bidders are responsible for ensuring that bids are submitted so as to reach the designated recipient. Bidders are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided.

g. OPENING OF BIDS:

Bids WILL NOT be opened at the SAFE website. Once the bid package is picked up, it will be moved unopened to a password protected/secured file location. The bid package will remain unopened until the time scheduled for the virtual bid opening. The bid opening will be accomplished as described below.

Note: In the case of human error, wherein a file containing a bid is inadvertently opened, the file will be immediately closed, without disclosure of any bid prices, and moved to the secured location.

g. VIRTUAL BID OPENING & PARTICIPATION:

THE VIRTUAL BID OPENING WILL BEGIN AT 3:00P.M. CDT ON 21 July 2020.

Individuals interested in participating in the virtual bid opening can participate by following these instructions:

Interested individuals will navigate to a WEBEX link and enter their email address and name.

Please provide your full name and information. This information will be utilized to obtain the list of attendees at the virtual bid opening.

The WEBEX Audio Meeting Information (call in number, access code) will be provided via an Amendment to the Solicitation and then posted to the corresponding Solicitation notice at beta.sam.gov.

The bids will be read aloud and individuals will be able to view the information on the WEBEX screen as the bids are entered into a bid tabulation sheet.

h. BID GUARANTEE:

Bidders are required to submit a Bid Guarantee for this project in accordance with the Federal Acquisition Regulation Clause 52.228-1, “Bid Guarantee” – Refer to Solicitation Section 00 21 00 for the full text of this Clause.

An electronically submitted copy shall be provided with the electronic bid submission. The Bid Guarantee shall be in the amount of 20% of the bid price or $3M whichever is the lesser. Any bidder failing to submit an electronic Bid Guarantee will be considered non-responsive to the Solicitation and ineligible for award.

Also, the winning bidder will be required to submit its original bid guarantee via mail to:

U.S. Army Corps of Engineers, Chicago District Contracting Branch (Contract Specialist, Kyle Smith) 231 S. LaSalle Street, Suite #1500 Chicago, IL 60604

i. ATTACHMENT A – PREAWARD SURVEY FORM – The bidder shall complete the enclosed Attachment A and submit it electronically with its bid submission. The preaward survey form is to aid in expediting the award of this project. Only the winning bidder’s information will be surveyed.

j. QUESTIONS: Submit technical inquiries and questions relating to this solicitation via email (Kyle.D.Smith@usace.army.mil) at least 7 calendar days prior to the date established in the IFB for receipt of bids.

ATTACHMENT A

PREAWARD SURVEY INFORMATION

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

CONTRACTOR: _______________________________________

SOLICITATION W912P620B0008, “Bums Harbor Dredging FY 20 - (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

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)

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

(2) The small business size standard is 30,000,000.

(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) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

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

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

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

(x) 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.

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

(xii) 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.

(xiii) 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.

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

(xv) 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.

(xvi) 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.

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

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

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

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

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.