Oak_FY08_27Jun08_FINAL.pdf

INVITATION FOR BIDS (IFB) UNRESTRICTED

OAKLAND OUTER HARBOR CHANNEL

MAINTENANCE DREDGING

ALAMEDA COUNTY, CALIFORNIA

IFB NO. W912P7-08-B-0003

US ARMY CORPS OF ENGINEERS

San Francisco District_________

DIRECTIVE NO.

PROJECT NO.

ATTENTION TO BIDDERS:

1. SECURITY REQUIREMENTS

YOUR ATTENTION IS DIRECTED TO THE SECURITY REQUIREMENTS FOR THIS

CONTRACT LOCATED IN SECTION 00800, SPECIAL CONTRACT REQUIREMENTS.

2. FACTS ABOUT THE USE OF INDIVIDUAL SURETIES

The Federal Acquisition Regulation (FAR) permits the use of individual sureties for bid, payment and performance bonds. However, the conditions that must be met are strict, and they may not be waived. Further, the FAR imposes limits with respect to the type of property interest individual sureties may utilize.

Individual sureties have been occasionally and successfully used in accordance with FAR requirements within the San Francisco District, when real property interests have not been provided as the security interest. On at least one occasion, an individual surety was made acceptable when an individual personally known to a bidder provided a business property for the security interest, and legal counsel was engaged to navigate and implement the FAR requirements.

Bidders or proposers considering utilizing individuals or firms providing “brokerage” or “insurance” services to obtain bonds from individual sureties are advised to carefully research their backgrounds. The Government is not responsible for and will not reimburse any bidder for advance payments made to such firms in the event that the bonds are unacceptable to the contracting officer.

The San Francisco District strictly follows the FAR 28.203 “Acceptability of individual sureties.” Frequently, an individual surety’s bid bond raises questions about the real property security interest being offered. Also, individual sureties may use “altered” Standard Form 28 affidavits, which are unacceptable. Documentation containing such flaws will result in rejection of the bonds, and, if it is a bid bond, rejection of the bid.

Some “brokers” apparently represent that “their bonds” are accepted by federal government entities. Yet, be aware that not all federal agencies implement the FAR in a uniform manner. Insufficiencies that go unnoticed by one agency may be perceived as fatal by another. The risk of such results rests with the bidder offering the bid bond.

Know your broker, and ensure that all bonding documents comply with FAR requirements before you submit them. It is important to remember that the contracting officer is vested with a wide degree of discretion and business judgment in determining the acceptability of an individual surety, and the Comptroller General has stated that he will not question such a determination so long as it is reasonable.

So, please make certain that if you intend to use an individual surety you are familiar with the regulations and specific requirements that apply to this form of bonding.

TABLE OF CONTENTS

COVER SHEET

TABLE OF CONTENTS

SECTION TITLE

00010 SOLICITATION, OFFER AND AWARD (STANDARD FORM 1442)

AND PRICING SCHEDULE

00100 INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/

OFFERORS AND EVALUATION CRITERIA FOR AWARD

00600 REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF BIDDERS/OFFERORS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

GENERAL WAGE DECISION

ATTACHMENT

1 GENERAL WAGE DETERMINATION

2 PREAWARD SURVEY

3 SUBCONTRACTING PLAN (UNRESTRICTED SOLICITATIONS ONLY)

TECHNICAL SPECIFICATIONS

(SEE TECHNICAL SPECIFICATIONS' TABLE OF CONTENTS FOR

SPECIFICATION SECTIONS INCLUDED IN THIS SOLICITATION/CONTRACT)

DRAWINGS (SEPARATE PACKAGE) (LIST OF DRAWINGS-SECTION 00700)

NOTE: AS A MINIMUM ANY CONTRACT AWARDED AS A RESULT OF THIS

SOLICITATION SHALL CONSIST OF THE FOLLOWING DOCUMENTS:

STANDARD FORM 1442, SECTIONS 00010, 00700, 00800, TECHNICAL

SPECIFICATIONS AND DRAWINGS, AND ATTACHMENTS AS DESCRIBED IN

CONTRACT DOCUMENT.

SECTION 00600, AS COMPLETED BY AWARDEE, IS INCORPORATED INTO

ANY RESULTANT CONTRACT BY REFERENCE.

SECTION 00100 IS INCLUDED FOR SOLICITATION PURPOSES ONLY. THIS

SECTION WILL BE REMOVED, MAINTAINED IN THE CONTRACT FILE AND

NOT MADE PART OF THE CONTRACT.

AMENDMENTS ARE INCORPORATED INTO THE RESULTANT CONTRACT.

SUBCONTRACTING PLAN (IF REQUIRED) BECOMES AN ATTACHMENT TO AND A

MATERIAL PART OF THE CONTRACT.(UNRESTRICTED SOLICITATIONS ONLY)

UNRESTRICTED IFB

OAKLAND OUTER HARBOR CHANNEL MAINTENANCE DREDGING, ALAMEDA COUNTY, CALIFORNIA.

PROJECT DESCRIPTION:The work consists of maintenance dredging of Oakland Outer Harbor Channel to provide a project authorized depth -50 feet plus 1 foot allowable paid over-depth plus 1 foot allowable nonpaid over-depth, and disposing of the dredged material in the designated upland disposal site at Hamilton wetland.

ESTIMATED COST RANGE OF PROJECT: $1,000,000 - $5,000,000

X

JAMES E GARROR 415-503-6988

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

30-Jun-2008

(RFP)

(IFB)

CALL:

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

See Item

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 within _______3 calendar days and complete it within ________105 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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 __________ copies to perform the work required are due at the place specified in Item 8 by __1:00 P.M.__ local time _30 July 2008__ (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) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______ 60 calendar days for Government acceptance after the date offers are due will not be considered and will 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

PAGE OF PAGES

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: TEL: FAX:

W912P7-08-B-0003

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

(Construction, Alteration, or Repair)

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ 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)

(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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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

(Must be fully completed by offeror) OFFE

CONTINUATION OF STANDARD FORM 1442

BLOCK 20D:

(1) IF THE OFFEROR IS A JOINT VENTURE, EACH PARTICIPANT IN THE JOINT VENTURE

MUST COMPLETE THE FOLLOWING:

Company Name Signature Title

Company Name Signature Title

Company Name Signature Title

NOTE: If a corporation is participating as a member of a Joint Venture, the certificate below must also be completed and signed.

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, _______________________, certify that I am the Secretary of the corporation (name) named as a participant in a Joint Venture on this offer; that _____________________, who signed said offer on behalf of the corporation, was (name) then ______________________ of said corporation; that the signature thereto is (title) genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(Name of Corporation)

(Secretary)

(2) IF THE OFFEROR IS A PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS BELOW.

SIGNATURES BY ALL PARTNERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE

OFFER IN BLOCK 20B HAS THE AUTHORITY TO BIND THE PARTNERSHIP.

Name Signature

Name Signature

Name Signature

(3) IF THE OFFEROR IS A CORPORATION, THE OFFER SHALL BE SIGNED IN THE

CORPORATE NAME FOLLOWED BY THE WORD "BY" AND THE SIGNATURE OF THE PERSON

AUTHORIZED TO SIGN THE OFFER IN BLOCK 20B. PROVIDE PROOF THAT THE PERSON

SIGNING FOR THE CORPORATION HAS THE AUTHORITY TO BIND THE CORPORATION BY

COMPLETING THE FOLLOWING CERTIFICATE:

CONTINUATION OF STANDARD FORM 1442

CORPORATION AUTHORIZATION CERTIFICATE

I, ___________________________________, certify that I am the Secretary of the (name) corporation named as offeror in the within offer; that ______________________, (name) who signed said offer on behalf of the corporation, was then

_____________________________________ of said corporation, that the signature (title) thereto is genuine; that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

(Name of Corporation)

(Secretary)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER SHALL

BE SIGNED BY THAT INDIVIDUAL IN BLOCK 20B FOLLOWED BY THE WORDS "AN INDIVIDUAL

DOING BUSINESS AS _____________________________________ (INSERT NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT'S AUTHORITY TO

BIND THE PRINCIPAL.

BID SCHEDULE

THE CONTRACTOR SHALL FURNISH ALL PLANT, LABOR, MATERIAL, EQUIPMENT,

ETC. NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE

TERMS AND CONDITIONS SET FORTH IN THE CONTRACT TO INCLUDE ALL

ATTACHMENTS THERETO.

PRICING SCHEDULE – GOVERNMENT FURNISHED SITE

ITEM NO DESCRIPTION ESTIMATED UNIT

QUANTITY UNIT PRICE AMOUNT

0001 Mobilization and Demobilization 001 LS $ ________ $ ________

0002 Maintenance Dredging at the Oakland Harbor Entrance Channel and the Outer

Harbor Channel incl. transport to the Hamilton Offloader.

0002AA Standard Dredging to -50 feet MLLW *60,000 CY $ ________ $ ________

0002AB Overdepth Dredging to -51 feet MLLW *75,000 CY $ ________ $ ________

TOTAL PRICE (Items 0001 + 0002AA + 0002AB) $ ________

O&M Off Load Cost Share 001 LS $ 757,350 $ 757,3501

GOVERNMENT FURNISHED SITE – TOTAL EVALUATION PRICE

(Total Price + O&M Off Load Cost Share) $________

1 See “Basis of Award”, Paragraph 11 of the Bid Notes.

THE CONTRACTOR SHALL FURNISH ALL PLANT, LABOR, MATERIAL, EQUIPMENT, ETC.

NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND

CONDITIONS SET FORTH IN THE CONTRACT TO INCLUDE ALL ATTACHMENTS THERETO.

PRICING SCHEDULE – CONTRACTOR FURNISHED SITE

In order to be responsive to this solicitation, prices shall be submitted on all of the items in the Pricing Schedule – Government Furnished Site, above. At the bidder’s discretion, a bid may also be submitted under the Pricing Schedule – Contractor Furnished Site. In the event a bidder elects to submit a price under the Pricing Schedule – Contractor Furnished Site, all of the individual items in the Pricing Schedule – Contractor furnished Site shall be completed. At the time of bid, the bidder must submit proof acceptable to the Contracting Officer that the Contractor Furnished Site is both permitted and has sufficient capacity to handle the estimated volume of material specified in the Pricing Schedule – Contractor Furnished Site.

Disposal of all materials at a permitted upland disposal site.

ITEM NO DESCRIPTION ESTIMATED UNIT

QUANTITY UNIT PRICE AMOUNT

0001 Mobilization and Demobilization 001 LS $ ________ $ ________

0002 Maintenance Dredging at the Oakland Harbor Entrance Channel and the Outer

Harbor Channel incl. transport to the Hamilton Offloader.

0002AA Standard Dredging to -50 feet MLLW *60,000 CY $ ________ $ ________

0002AB Overdepth Dredging to -51 feet MLLW *75,000 CY $ ________ $ ________

CONTRACTOR FURNISHED SITE – TOTAL EVALUATION PRICE

(Items 0001 + 0002AA + 0002AB) $_________2

2 Because there are no independently authorized Federal programs to offset the cost of disposal of dredged material from this project at a contractor furnished site, all of the costs of disposal would be paid for out of the Federal O&M program appropriations.

CONTRACT AWARD

Contract Notes:

*QUANTITY IS AN ESTIMATED AMOUNT, SEE SECTION 00700, FAR 52.211-18, EFARS

52.211-5000, AND 52.211-5001, FOR VARIATION IN ESTIMATED QUANTITIES

CONTRACT CLAUSE.

1. Prices must be submitted on all individual items of this Pricing Schedule - Government Furnished Site (GFS). Failure to do so may be cause for rejection of bids.

2. If a modification to a price based on unit price is submitted which provides for a lump sum adjustment to the total estimated price, the applications of the lump sum adjustment to each unit price in the Pricing Schedule must be stated. If it is not stated, the bidder/offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the Pricing Schedule.

3. The lump sum, "LS", line items above are not “estimated quantity” line items and therefore are not subject to the Variation in Quantity contract clause.

4. EFARS 52.214-5000 ARITHMETIC DISCREPANCIES

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

1) Obviously misplaced decimal points will be corrected;

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

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

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

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

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

5. Bidders must complete and submit attached “Dredging Plant and Equipment Schedule”, forms P.1 and P.2 as part of their solicitation package for bid evaluation. Failure to do so may cause the bid to be considered nonresponsive. The Contractor shall demonstrate that all necessary equipment will be available and committed to this contract. If a bidder elects to submit a bid on an alternative site, the Dredge Plant and Equipment schedule shall also include a list of all equipment required to offload at the alternative site.

6. At this time the Government is unable to predict whether the off loader will be continuously operable during the performance of this contract. In the event the offloader becomes unavailable during the pendency of this work the Government may negotiate for the delivery of the O&M material to be dredged under this contract to an alternative site. Subject to a reasonably negotiated price, the Government reserves the right to modify this contract to designate an alternative disposal location in accordance with the Changes clause, FAR 52.243-4.

7. DREDGED QUANTITIES: For payment purposes, all quantities for which the Government will pay under this contract shall be based on the Government pre and post dredge surveys.

8. HAMILTON OFFLOADER OPERATION: The Hamilton Offloader is operated by the Manson-Dutra Joint Venture (MDJV) under Contract No. W912P7-07-C-0001, Oakland Navigation Improvement -50 ft Deepening Project Phase 3E, Oakland Inner and Outer Harbor, Alameda and San Francisco Counties. Bidders are advised that the dredged material to be disposed of at the HWRP will be off loaded from scows via hydraulic offloader, and pumped through several booster pumps and through approximately 35,000 to 40,000 lineal feet of pipeline. As such, the successful bidder is cautioned that its work plan and execution will require coordination with the MDJV and will further require certain equipment and production limitations as described in these contract documents. For coordination of additional requirements and/or further details relating to the Hamilton Offloader, please contact Manson- Dutra JV, Attention: Terry Hammerwold, phone # (415) 884-2973.

9. Prospective Bidders are advised that at the time of this solicitation all required environmental clearances have not been obtained. It is expected that these clearances will be obtained prior to the currently scheduled date for bid opening. However, there remains a possibility that bid opening may be extended or cancelled.

10. It is anticipated that a contract may be awarded to the lowest responsive responsible bidder submitting a bid under the “Pricing Schedule – Government Furnished Site.” Should award be made under this pricing schedule, an incremental portion of the costs of disposal of this material at the Government Provided Site will be paid for by the Federally authorized Hamilton Wetlands Restoration Project. Because funds for the Hamilton project are limited, the successful Contractor shall notify the Contracting Officer if it expects to deliver a total of 300,000 cubic yards gross volume including pay and non-pay material to the Offloader.

11. BASIS OF AWARD: A contract will be awarded on the basis of price to the lowest responsive, responsible bidder in accordance with FAR 52.214-19. Award will be made based on the least cost to the Federal O&M Dredging Program.

The O&M cost share associated with Government provided offloading at the Hamilton Wetland Restoration Project will be added to the Total Price submitted under the Pricing Schedule – Government Furnished Site to determine the Government Furnished Site – Total Evaluation Price.

In the event a bidder or bidders elect to submit bids under the Pricing Schedule – Contractor Furnished Site, the lowest responsive, responsible Contractor Furnished Site - Total Evaluation Price received will be compared to the lowest responsive, responsible Government Furnished Site – Total Evaluation Price bid received. Award will be made to the lowest responsive, responsible bid identified from this comparison. Under the Federal Hamilton Wetlands Restoration Project authorization, a portion of the cost to offload material at the Hamilton site is to be allocated to the O&M program appropriation. That offloading cost allocated to the O&M appropriation is estimated at $757,350. That allocated cost will be added to the lowest total bid price received under the Pricing Schedule-Government Furnished Site (for bids proposing to take material to Hamilton) for the purpose of comparing such bids to those received under the Pricing Schedule – Contractor Furnished Site (used for bids proposing to dispose of material at an alternative upland site.) This adjustment enables the Government to determine the bid which represents the least cost to the Federal O&M appropriation.

Section 00100

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/OFFERORS

AND EVALUATION CRITERIA FOR AWARD

52.204-4005 SUBMITTAL INFORMATION FOR SUPPLIERS (RFQS), BIDDERS (IFBS) AND

OFFERORS (RFPS) (SEP 2004)

52.0214-4581 INQUIRIES (NOV 2002)

52.0214-4582 DIRECTIONS FOR SUBMITTING BIDS (MAR 2003) 3

52.0209-4501 CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY (MAR 2002) 4

52.0211-4805 AVAILABILITY OF CORPS OF ENGINEERS PUBLICATIONS 5

52.0214-4503 EVALUATION FOR AWARD (JAN 1991) 6

52.0214-4583 TELEGRAPHIC BIDS (JUL 2000) 6

52.0214-4584 FACSIMILE BIDS/OFFERS (APR 1992) 6

52.0219-4581 PREPARATION OF SUBCONTRACTING PLAN (SEP 2004) 7

52.0228-4504 PERFORMANCE AND PAYMENT BONDS (MAY 2000) 8

52.0228-4506 INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS (AUG 1991) 8

52.228-4507 BID GUARANTEE FORM AND AMOUNT (NOV 2000) 9

52.0236-4507 ACCEPTANCE OF OFFERS (AUG 1991) 9

52.211-5000 EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)--EFARS 9

52.211-5001 VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS (MAR 1995)--

EFARS

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008) 10

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006) 10

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989) 11

52.214-5 SUBMISSION OF BIDS (MAR 1997).11

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984) 12

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV

1999)

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984) 13

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996) 13

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 13

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) 14

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JUL 1990) 14

52.223-6 DRUG-FREE WORKPLACE (MAY 2001) 14

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION

MATERIALS (MAY 2002)

52.233-2 SERVICE OF PROTEST (SEP 2006) ..16

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) 17

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984) 17

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) 17

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

00100 - 1

52.204-4005 SUBMITTAL INFORMATION FOR SUPPLIERS (RFQS), BIDDERS (IFBS) AND

OFFERORS (RFPS) (SEP 2004)

The following documents must be returned with your quote, bid, or offer.

--The completed Standard Form 1442 with continuation pages, duly executed with an original signature by an official authorized to bind the company. Ensure that the firm’s DUNS or DUNS+4 Number is entered in the block with its name and address.

--Your acknowledgement of any and all Amendments to the solicitation in accordance with the instructions on the Standard Form 30 Amendment.

Note: If the SF 1442 and/or the pricing schedule was changed by amendment, be sure to use the amended pages when submitting your quote, bid, or offer.

--The completed Pricing Schedule with your proposed contract line item prices inserted in the appropriate spaces. Prices must be proposed for all contract line items and priced sub-line items.

Unit prices are to be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off extended prices to the nearest dollar. Check your pricing submission very carefully for mathematical and clerical errors prior to submission.

--Your completed Representations, Certifications, and Other Statements of Bidders/Offerors (Section 00600).

--Your Bid Guarantee (e.g., Standard Form 24, “Bid Bond”)

--Any other documents required by the solicitation.

52.0214-4581 INQUIRIES (NOV 2002)

Prospective bidders should submit inquiries related to this solicitation in accordance with the following (collect calls will not be accepted):

(1) For information related to ordering solicitation packages, amendments, the time and dates of bid openings, and for copies of the solicitation mailing list, please check the website at the following URL: https://www.FedBizOpps.gov. If the site is temporarily unavailable, please FAX your inquiry to Contracting Divisions at

(415) 503-6694.

(2) For inquiries of a contractual nature (solicitation requirements, interpretation of contractual language):

Contract Specialist: James E. Garror Sr.

Telephone: (415) 503-6988

00100 - 2

FAX: (415) 503-6694

For bid results go to the FedBizOpps.gov website https://www.FedBizOpps.gov. If this site has no bid information, call the Contract Specialist above.

(3) All technical questions on the specifications or drawings must be submitted in writing using one of the following:

MAILING ADDRESS:

Department of the Army U.S. Army Engineer District, San Francisco Contracting Division (Attn: James E. Garror Sr.)

1455 Market Street, 17th Floor, Room 1741 San Francisco, CA 94103-1398

FAX: (415) 503-6694, Attn: James E. Garror Sr.

E-MAIL: ***use the appropriate Contract Specialist's name, AND Team Leader and delete the rest: James.E.Garror@usace.army.mil , Shirley.Turnbo@usace.army.mil

(4) Please include the solicitation number, the project title, the location of the project, the full name of your company and your telephone and FAX numbers in your correspondence. Written inquiries should be received by this office not later than 14 calendar days prior to the date set for bid opening.

(5) Oral explanations or instructions are not binding. Changes to the solicitation can only be made by an amendment to the solicitation.

52.0214-4582 DIRECTIONS FOR SUBMITTING BIDS (MAR 2003)

Envelopes containing bids must be sealed, marked and addressed as follows:

MARK ENVELOPES:

Solicitation No. W912P7-08-B-00003 Bid Opening Date: 30 July 2008 Bid Opening Time: 1:00 PM Local Time

ADDRESS ENVELOPES TO:

Department of the Army U.S. Army Engineer District, San Francisco ATTN: Contracting Division 1455 Market Street, 17th Floor San Francisco, CA 94103-1398

SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS:

Hand-carried bids must be delivered to: The Building Lobby at

00100 - 3 mailto:James.E.Garror@usace.army.mil mailto:Shirley.Turnbo@usace.army.mil

1455 Market Street, San Francisco, CA.

Due to security precautions, all Corps of Engineers visitors are now required to sign-in, leave a Photo-ID (such as a drivers license), and get a Visitor’s Pass at the Security Desk in the Building Lobby.

Bidders may no longer hand-carry their bids directly to Contracting Division without an authorized escort. Bids may NOT be either turned-in at the Security Desk or left unattended elsewhere in the Lobby.

Additionally, you are advised that there is no longer public parking in the Building.

The Bid Opening Officer will be in the Building Lobby 20 minutes prior to the scheduled bid opening time to accept sealed bids. After announcing that no further bids will be received, the Bid Opening Officer will take the hand-carried bids and have them x-rayed as a security precaution. After the bids have been x-rayed, the bidders waiting in the Building Lobby will then be escorted as a group to the Bid Opening Room, where the bids will be publicly opened and read.

Bidders who desire to hand-deliver their bids at an earlier time must notify the contract specialist in advance to arrange to be met in the Building Lobby by Contracting Division personnel. In the event the contract specialist cannot be reached, please call the main Contracting Division telephone number, (415) 503-6987, in order to request assistance.

Please ensure that all courier and delivery personnel are aware of these procedures.

52.0209-4501 CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY (MAR 2002)

In order to determine a contractor's responsibility for purposes of contract award in accordance with FAR Part 9, the contractor is required to provide a statement regarding previous experience and past performance in performing comparable work, information related to the business organization, financial resources, and/or plant to be used in performing the work (see Attachments, Preaward Survey). The Preaward Survey is attached to the solicitation for information purposes only.

It will be required from only the low bidder. After the Bid Opening, the Government will request this information from the low bidder if the low bidder has not had a contract with the San Francisco District within the last twelve months and the Government will set a due date for its submission. The Preaward Survey is not required as part of the bid package.

In order to be determined to be responsible a prospective contractor must:

a. Have adequate financial resources to perform the contract or the ability to obtain them.

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

c. Have a satisfactory performance record. In making the determination of responsibility, the Government Contracting Officer shall consider relevant past performance information. A prospective

00100 - 4 contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history except when there are special standards set forth in the solicitation which applies to all bidders that must be met in order to receive the award. These special standards may be necessary when unusual expertise or specialized facilities are necessary in the performance of the contract; therefore, in order to be determined to be responsible for that particular contract, the offeror must be able to meet those special standards. A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonresponsible unless the Contracting Officer determines that the circumstances were beyond the contractor's control or that the contractor has taken appropriate corrective action. Other responsibility considerations by the Contracting Officer will include past efforts by the contractor to apply sufficient tenacity and perseverance to perform acceptably, to meet quality requirements of contracts, and the contractor's past compliance with subcontracting plans (if required) under recent contracts.

d. Have a satisfactory record of integrity and business ethics.

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

If the contractor or subcontractor does not already have sufficient resources demonstrated in the completed Preaward Survey, acceptable evidence of "the ability to obtain" the required, adequate resources (all of the resources discussed in subparagraphs a, e, and f above) normally consists of a commitment or explicit arrangement that will be in existence at the time of contract award to rent, purchase or otherwise acquire the needed facilities, equipment, other resources, or personnel.

52.0211-4805 AVAILABILITY OF CORPS OF ENGINEERS PUBLICATIONS

DESCRIPTIONS (AUG 1998)

a. Corps of Engineers publications are available for inspection at the following location:

U.S. Army Corps of Engineers, San Francisco District 1455 Market Street Engineering Division, District Library, San Francisco, CA 94105 Telephone Number (415) 503-6947

b. Construction Criteria Base (CCB). The Construction Criteria Base (CCB) system available through the National Institute of Building Sciences includes copies of Corps of Engineers methods and specifications. Documents that are available from this or other such sources will no longer be available directly from the Corps and should

00100 - 5 be obtained from those sources. Information about the CCB and ordering instructions can be obtained from:

National Institute of Building Sciences 1090 Vermont Ave., NW, Suite 700 Washington, D.C. 20005 Phone: 202/289-7800 (ask for CCB Information)

c. The Corps of Engineers manual, EM 385-1-1, Safety and Health Requirements Manual, is available on the Internet at the following location:

http://www.usace.army.mil/inet/usace-docs/eng-manuals/em385-1-1/.

52.0214-4503 EVALUATION FOR AWARD (JAN 1991)

The Government contemplates award of one contract to the responsive, responsible bidder who submits the low bid for the total of the following items in Pricing Schedule:

All line items listed in Pricing Schedule.

If the solicitation's Pricing Schedule contains options, see evaluation of options clause below for information on the procedure used by the Government to determine "low bid".

52.0214-4583 TELEGRAPHIC BIDS (JUL 2000)

TELEGRAPHIC BIDS/OFFERS ARE NOT ACCEPTABLE.

However, bids may be modified or withdrawn by written or telegraphic notice. Any telegram to modify or withdraw a bid sent to this office must be received in the office designated in the Invitation for Bids (IFB) for receipt of bids not later than the exact date and time set for bid opening. A telegraphic modification or withdrawal of a bid received in such office by telephone from the receiving telegraph office not later than the exact date and time set for bid opening shall be considered. However, the telephone message shall be confirmed by the telegraph company by sending a copy of the written telegram that formed the basis for the telephone call. The written telegram shall be sealed in an envelope by a proper official and sent to the office designated in the IFB for receipt of bids. The official shall write on the envelope (1) the date and time of receipt and by whom, and (2) the number of the IFB, and shall sign the envelope. The bidder is responsible to inform the telegraph company of these requirements. No one from this office will be dispatched to the local telegraph office to pick up any telegram for any reason.

52.0214-4584 FACSIMILE BIDS/OFFERS (APR 1992)

Facsimile bids/offers, modifications thereto, or cancellations of bids/offers will not be accepted.

00100 - 6

52.0219-4581 PREPARATION OF SUBCONTRACTING PLAN (SEP 2004)

(a) See FAR 52.219-9, Section 00700, of this solicitation.

Located in the Attachments Section of this solicitation is a sample Subcontracting Plan which will aid the Contractor in preparing a Subcontracting Plan in accordance with FAR 52.219-9(d)(1) through (d)(11). Subcontracting Plans will be developed considering only the subcontracts actually to be awarded. Subcontracting Plans are required from other than small businesses if the contract price is over $1 million; they are not required from small business firms regardless of the contract price.

(b) The sample Subcontracting Plan is attached to this solicitation for information purposes. Review of the Subcontracting Plan by the Government will be in accordance with FAR 19.705-4. For Invitation for Bids a Subcontracting Plan will be required only from the low bidder if the low bidder is a large business and the low bid is over $1 million. The Subcontracting Plan is not required from the low bidder until after the Bid Opening; it is not required as part of the bid package. After the Bid Opening, if the selected bidder fails to submit an acceptable plan within the time prescribed by the Contracting Officer, the bidder will be ineligible for award. For Request for Proposals, a Subcontracting Plan is required with submission of the proposal package.

(c) A Subcontracting Plan which proposes goals less than the recommended goals below must contain support, in writing, for the lesser goals and discuss the Contractor's good faith effort to meet the recommended floors.

(d) In accordance with FAR 19.704 if the contract contains options, the cumulative value of the basic contract and all options is considered in determining whether a subcontracting plan is necessary.

If a plan is necessary, the subcontracting plan shall contain separate parts, one for the basic contract period and one for each option period. It is necessary to address planned subcontracting dollars and percentages of total to be awarded to small businesses, small disadvantaged businesses, HUBZone small businesses, women-owned small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, Hispanic Servicing Institutions and Tribal Council Universities, HBCU/MIs, and qualified nonprofit agencies for the blind and other severely disabled for the basic contract period and each option period. All other parts of the subcontracting plan only need to be addressed once.

(e) Subcontracts awarded to HUBZone small businesses, small disadvantaged businesses, women-owned small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, Hispanic Servicing Institutions and Tribal Council Universities, HBCU/MIs, and qualified nonprofit agencies for the blind and other severely disabled count toward the overall small business goal.

HBCU/MIs are counted as a subset of the small disadvantaged business goal. The Corps of Engineers has not been assigned separate goals for qualified nonprofit agencies for the blind and other severely disabled, HBCU/MIs, Hispanic Servicing Institutions and Tribal Council Universities, or for HUBZone small business concerns.

(f) Qualified nonprofit agencies for the blind and other severely disabled, that have been approved by the Committee for Purchase from People Who Are Blind or Severely Disabled under the

00100 - 7

Javits-Wagner-O’Day Act (41 U.S.C. 46-48), are eligible to participate in the program as a result of 10 U.S.C. 2410d and Section 9077 of Pub.

L. 102-396 and similar sections in subsequent Defense appropriations acts. Under this authority, subcontracts awarded to such entities may be counted toward the prime contractor’s small business subcontracting goal.

(g) Contact Ms. Linda Hales, Chief, Contracting Division, (415)977-8553, with questions on the Subcontracting Plan requirements and further instructions on submission of Standard Forms 294 and 295 as required by FAR 52.219-9. These forms with clarifying instructions will be furnished by the Deputy for Small Business to the Contractor's Subcontracting Plan Administrator after contract award.

(h) The accepted Subcontracting Plan will be incorporated into and made a material part of the contract.

(i) The Corps of Engineers highly encourages all bidders/offerors to meet the recommended subcontracting goals as follows:

Small Businesses 51.9%

Small, Disadvantaged Businesses 8.8%

Women-Owned Small Businesses 7.3%

HUBZone Small Business 3.1%

Service Disabled Veteran Owned Small Business 1.5%

The goals are calculated as a percentage of the TOTAL SUBCONTRACTING

DOLLARS, NOT THE TOTAL CONTRACT AMOUNT.

52.0228-4504 PERFORMANCE AND PAYMENT BONDS (MAY 2000)

The bidder/offeror whose bid/offer is accepted will, within the time established in the contract, furnish performance and payment bonds in accordance with FAR 52.228-15 located in Section 00700.

52.0228-4506 INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS (AUG 1991)

Bidders/offerors utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 28 (Affidavit of Individual Surety), accompanied by a pledge of acceptable assets from each person acting as an individual surety, and include these with the SF 24 (Bid Bond), and the bid itself (see clause titled "Pledges of Assets," FAR 52.228-11).

Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on real estate. If this is an IFB, failure to provide pledges of acceptable assets, with the bid, in the specified form, accompanied by a properly executed SF 24 and SF 28, will render the bidder nonresponsible and thus ineligible for award. If this is an RFP, failure to provide required documentation described herein may cause the offeror to be deemed "unacceptable".

00100 - 8

52.228-4507 BID GUARANTEE FORM AND AMOUNT (NOV 2000)

The bidder shall furnish a separate bid guarantee in accordance with the solicitation provision titled "Bid Guarantee", FAR 52.228-1.

In accordance with FAR 28.101-2 the bid guarantee amount shall be at least 20 percent of the "bid price" but shall not exceed $3 million.

When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. If there are option line items on the Pricing Schedule (Section 00010), the term "bid price" is hereby defined as the total bid not to include any amount for line items designated as "options". In bids/proposals that contain "additives", the "bid price" is defined as the total of all bid items including additive line items. FAR 28.106-1 states that a Standard Form (SF) 24 shall be used for the bid bond. In accordance with FAR 28.202(a)(1), corporate sureties utilized must appear on the list contained in the Department of Treasury Circular 570 titled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies."

52.0236-4507 ACCEPTANCE OF OFFERS (AUG 1991)

A written award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

52.211-5000 EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)--EFARS

Item Nos. 0002, are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

52.211-5001 VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS (MAR 1995)--

EFARS

This variation in estimated quantities clause is applicable only to Items Nos. 0002.

a. Variation from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.

b. Where the actual quantity of work performed for Items Nos. 0002 is less than 85% of the quantity of the first sub-item listed under such item (0002AA), the contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.

c. If the quantity of work performed under Items Nos. 0002, 0003, 0004, 0005 exceeds 115% or is less than 85% of the total estimated quantity of the sub-items under that item (0002AA) and/or if the quantity of work performed under the second sub-item or any subsequent sub-item (0002AB) under Item Nos. 0002, exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract, the contract

00100 - 9 completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

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(1) ASSIST (http://assist.daps.dla.mil);

(2) Quick Search (http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

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

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

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the solicitation. The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

52.214-5 SUBMISSION OF BIDS (MAR 1997)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

(d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

00100 - 11

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV

1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office…