W912P7-14-B-0006_FINAL_30_SEPT_2014.pdf

INVITATION FOR BIDS (IFB) UNRESTRICTED

OAKLAND INNER AND OUTER HARBOR

CHANNEL MAINTENANCE DREDGING

PROJECT

ALAMEDA COUNTY, CALIFORNIA

IFB NO. W912P7-14-B-0006

US ARMY CORPS OF ENGINEERS

San Francisco District_________

DIRECTIVE NO.

PROJECT NO.

ATTENTION TO BIDDERS:

1. FACTS ABOUT THE USE OF INDIVIDUAL SURETIES

The Federal Acquisition Regulation (FAR 28.200) 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

SOLICITATION SOLICITATION, OFFER AND AWARD (STANDARD FORM 1442)

(CONTINUATION STANDARD FROM 1442)

00 10 00 PRICING SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

AND EVALUATION CRITERIA FOR AWARD

00 45 00 REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF BIDDERS/OFFERORS

00 72 00 CONTRACT CLAUSES

00 73 00 SPECIAL CONTRACT REQUIREMENTS

ATTACHMENT

1 GENERAL WAGE DETERMINATION

2 PREAWARD SURVEY

TECHNICAL SPECIFICATIONS

(SEE TECHNICAL SPECIFICATIONS' TABLE OF CONTENTS FOR

SPECIFICATION SECTIONS INCLUDED IN THIS SOLICITATION/CONTRACT)

DRAWINGS (SEPARATE PACKAGE)

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

SOLICITATION SHALL CONSIST OF THE FOLLOWING DOCUMENTS:

STANDARD FORM 1442, SECTIONS 00 10 00, 00 72 00, 0073 00,

TECHNICAL SPECIFICATIONS AND DRAWINGS, AND ATTACHMENTS AS

DESCRIBED IN CONTRACT DOCUMENT.

SECTION 00 45 00, AS COMPLETED BY AWARDEE, IS INCORPORATED INTO

ANY RESULTANT CONTRACT BY REFERENCE.

SECTION 00 21 00 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.

W62A2B42317063

OAKLAND INNER AND OUTER HARBOR CHANNEL MAINTENANCE DREDGING PROJECT, ALAMEDA COUNTY, CALIFORNIA

JOB DESCRIPTION: The work consists of maintenance dredging the Oakland Inner and Outer Harbor Channels of up to 316,000 cubic yards of dredged material to provide an authorized project depth of -50 feet plus 1 foot allowable paid over-depth. Dredged material excavated from the Oakland Inner and Outer Harbors shall be transported and disposed at a fully permitted upland beneficial use site of the Contractor’s choosing. All dredging, material transportation and material placement shall be in accordance with the project plans, specifications, permits, regulatory guidance and applicable contract clauses.

This requirement is full and open competition. It will be issued as an Invitation for Bid (IFB) which will result in the award of a single Firm-Fixed price (FFP) contract.

The North American Industry Classification System (NAICS) Code Applicable to this acquisition is: 237990

ESTIMATED COST RANGE IS BETWEEN: $10,000,000.00 - $25,000,000.00

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-Sep-2014

(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 within _______ 5 calendar days and complete it within ________ 96 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 __________ 1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 30 Oct 2014 (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

US ARMY ENGINEER DISTRICT, SAN FRANCISCO

CONTRACTING DIVISION

1455 MARKET ST., 17TH FLOOR SUITE 1741

SAN FRANCISCO CA 94103-1398

W912P7

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour) Sealed envelopes containing offers

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

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

FAX: TEL: TEL: FAX:

W912P7-14-B-0006 112

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 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)

CODE 27. 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 this 28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

W912P7-14-B-0006

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.

00 10 00 Page 1

SECTION 00 10 00

PRICING 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 ATTACHEMENTS THERETO.

Item Description Estimated Unit Quantity Unit Price Amount

Base Items

0001 Mobilization and 1 JA $______ $______

Demobilization

0002 Dredging Oakland Inner

& Outer Harbor Reaches 1, 2, 7, and 8 including 1-foot of Paid Overdepth with disposal at ______________. 216,000 CY $______ $______

Option 1 Item

0003 Dredging Additional Quantity of material in Reaches 1, 2, 7, and 8 including 1-foot of Paid Overdepth with disposal at ________________. 50,000 CY $_______ $______

Option 2 Item

0004 Dredging Additional Quantity of material in Reaches 1, 2, 7, and 8 including 1-foot of Paid Overdepth with disposal at ________________. 50,000 CY $_______ $______

Total Price Base plus Option 1 plus Option 2 (Item 0001 + Item 0002 + Item 0003 + Item 0004) $_______________

00 10 00 Page 2

Notes:

*QUANTITY IS AN ESTIMATED AMOUNT, SEE SECTION 00 72 00, FAR 52.211-18.

1. Prices must be submitted on all individual items within Bid Schedule.

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 term "Job", which appears on the Pricing Schedule (Section 00 10 00) under “Unit” for Bid Item No. 0001 shall be considered as a Lump Sum. The Variation in Quantity contract clause, FAR 52.211-18, shall not apply to Bid Item No. 0001.

4. 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.

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

7. BASIS of AWARD: A contract will be awarded to the bidder offering the lowest priced bid who is determined to be responsive and responsible in accordance with FAR 52.214-19 Contract Award – Seal Bidding – Construction.

For purpose of determining the apparent low bidder the sum of the total price bid for the Base Items (CLINS 0001 and 0002) plus Option 1 Item (CLIN 0003) plus Option 2 Item (CLIN 0004) will be compared for all bidders. In the event two or more low bids are equal in all respects, award will be made in accordance with FAR 14.408-6.

8. The government reserves the right to direct the contractor to place dredged material at an alternate disposal site, including the possibility of disposal at the Government–furnished deep ocean disposal site (SF-DODS) in accordance with the Change Clause FAR 52.243-4.

9. For bidding purposes, assume that the order of work for this contract is Reach 1, Reach 2, Reach 7, and then Reach 8.

- End of Document –

Oakland Inner and Outer Harbor O&M Dredging Project

DREDGING PLANT AND EQUIPMENT SCHEDULE

Available Plant to be Used

Age and Overall No. Type Capacity Manufacturer Condition Location Dimensions

Dredges:

Scows:

Tugboats:

Quantity Measurement Equipment:

Quality Control:

DDLS:

1. In preparing the above tabulation the bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page if necessary.

Section 00 10 00 Dredging Plant & Equipment Schedule

Oakland Inner and Outer Harbor O&M Dredging Project FY15 Dredging Plant and Equipment Schedule

DREDGING PLANT AND EQUIPMENT SCHEDULE

a. Number. For dredges give identifying number or name.

b. Type. Under this heading give description as follows: For clamshell dredge show bucket capacity in in-situ cubic yards, for clamshell and/or pipe-line dredges show inside diameter of intake and discharge pipe, horsepower of pump engine, and type of power; for hopper dredges show capacity at overflow, number of dredge pumps, suction pipe size, propulsion type and horsepower, dredge length O/A and beam O/A.

c. Capacity. Under this heading, state the estimated capacity of the plant in cubic yards per month when working materials similar to those which it is anticipated will be encountered in the performance of the work for clamshell, hopper, pipeline, and scow.

d. Overall Dimensions. State overall length and beam.

e. DDLS. List the DDLS equipment and number of each that will be used in accordance with Appendix 5 of the specifications.

2. List two dredging projects with location, dates of completion, and name of project owner:

(a)

(b)

Section 00 10 00

00 21 00 - 1

Section 00 21 00 Instructions, Conditions and Notices to Bidders and Evaluation Criteria for Award

INSTRUCTION TO BIDDERS

1.1 GENERAL

The scope of this Invitation for Bid (IFB) is for a Design-bid-build contract to dredge Oakland Inner and Outer Harbor Channel Maintenance Dredging Project, Alameda County, California.

1.2 BID EXPENSES AND PRE-CONTRACT COSTS

This Invitation for Bid (IFB) does not commit the Government to pay, as a direct charge, any cost incurred in the preparation and submission of a bid.

1.3 ACCURACY IN BIDS

Bids must set forth full, accurate, and complete information as required by this IFB, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.4 BID FORMAT AND SUBMITTAL REQUIREMENTS

BID FORMAT

1. Bidders shall submit the Pricing Schedule from Section 00 10 00. Bid prices must be entered for all items of the Pricing Schedule. Award will be made to one (1) contractor.

2. INFORMATION TO BE PROVIDED WITH BID: This information should be submitted and labeled “Solicitation No. W912P7-14-B-0006”. Provide an original and one copy and one CD. This information consists of the following submitted in one envelope:

(a) COVER LETTER (Envelope 1):

1) Solicitation number and Project Title Oakland Inner and Outer Harbor

Channel Maintenance Dredging, Alameda County, California.

2) Bidder name, DUNS number, tax identification number (TIN), address, email,telephone and fax numbers.

3) Names, title, email of authorized signer.

4) Name, title and signature of the person authorized to sign the bid.

5) A statement specifying agreement with all terms, conditions and provisions included in the IFB.

(b) PRICING SCHEDULE (Envelope 1):

1) The SF-1442 duly executed with an original signature by authorized official.

00 21 00 - 2

2) Include th Bidder’s DUNS number in block 14.

3) Acknowledgement of all amendments.

4) Pricing Schedule (SECTION 00 10 00).

5) Bid Bonds (SF-24), See FAR Clause 52.228-1, SECTION 00 72 00.

(c) REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS (Envelope 1):

1) The completed SECTION 00 45 00 of the IFB (Representations and Certifications, and Other Statements of Bidders), this will be verified online in the System for Award Management (SAM).

(d) SUBMISSIONS FOR DETERMINATION OF CONTRACTOR RESPONSIBILITY (Envelope 2) (FAR 9.104-1 and 9.104-2): Note: Information accumulated for purposes of determining the responsibility of a prospective contractor shall not be released or disclosed outside the Government. FAR 9.105-3. No award shall be made unless the contracting officer makes an affirmative determination of responsibility. To be determined responsible, the Bidder must meet the general standards of responsibility, FAR 9.104–1. A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be non-responsible, unless the contracting officer determines that the circumstances were properly beyond the contractor's control, or that the contractor has taken appropriate corrective action.

Bidders shall submit the following:

Pre-Award Survey of Prospective Contractors Construction Contracts:

1) Bank certification of financial capability, or a financial statement not over 60 days old, or if over 60 days old, a certificate stating that the financial condition is substantially the same, or the changes that has take place.

2) Names of commercial and financial reporting agencies from whom credit reports may be obtained.

1.5 INQUIRIES

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 our 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

00 21 00 - 3

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: Contract Specialist's: James.E.Garror@usace.army.mil , Team Leader Shirley.A.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.

1.6 SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS:

Hand-carried bids must be delivered to: The Building Lobby at 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 handcarried 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 mailto:James.E.Garror@usace.army.mil mailto:Shirley.A.Turnbo@usace.army.mil

00 21 00 - 4 cannot be reached, please call the main Contracting Division telephone number, (415) 503-6990, in order to request assistance.

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

1.7 CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY

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 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

00 21 00 - 5 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.

1.8 TELEGRAPHIC OFFERS

USPS, FEDEX, or SIMILAR BIDS ARE NOT ACCEPTABLE.

However, bids may be modified or withdrawn by written or USPS, FedEx, or similar notice. Any USPS, FedEx, or similar notice 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 USPS, FedEx, or similar notice modification or withdrawal of a bid received in such office by telephone from the receiving USPS, FedEx, or similar notice must be in the 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 USPS, FedEx, or similar company by sending a copy of the written USPS, FedEx, or similar notice that formed the basis for the telephone call. The written USPS, FedEx, or similar notice 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 USPS, FedEx, or similar company of these requirements. No one from this office will be dispatched to the local USPS, FedEx, or similar company to pick up any USPS, FedEx, or similar notice for any reason.

1.9 FACSIMILE BIDS/OFFERS

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

2.0 PREPARATION OF SUBCONTRACTING PLAN

(a) See FAR 52.219-9, Section 00 72 00, 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

00 21 00 - 6

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 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 70.0%

Small, Disadvantaged Businesses 6.2%

Women-Owned Small Businesses 7.0%

HUBZone Small Business 9.8%

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Veteran-Owned Small Businesses 3.5%

Service Disabled Veteran Owned Small Business 2.0%

The goals are calculated as a percentage of the TOTAL SUBCONTRACTING DOLLARS, NOT THE TOTAL CONTRACT AMOUNT.

2.1 PERFORMANCE AND PAYMENT BONDS

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 00 72 00.

2.2 INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS

Bidders 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 bidder to be deemed "unacceptable".

2.3 BID GUARANTEE FORM AND AMOUNT

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 00 10 00), 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."

2.4 ACCEPTANCE OF OFFERS

A written award or acceptance of bid, mailed or otherwise furnished

00 21 00 - 8 to the successful bidder within the time for acceptance specified in the bid, shall result in a binding contract without further action by either party.

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System Number JUL 2013 52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission of Offers in the English Language APR 1991 52.214-35 Submission of Offers in U.S. Currency APR 1991 52-217-5 Evaluation of Options JUL 1990 52.222-5 Construction Wage Rate Requirements-Secondary Site MAY 2014 of the Work.

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm, fixed price contract resulting from this solicitation.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

U.S. Army Corps of Engineers, San Francisco District Attn: Contracting Officer, Room 1741 San Francico, CA 94103-1398

(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.

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

Name: Al Panicca Address: 1455 Market Street, San Francisco, CA 94103-1398 Telephone: 415-503-6735

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):

https://www.acquisition.gov/FAR/ (End of provision)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows: N/A

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

https://www.acquisition.gov/FAR/

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Section 00 45 00 Representations, Certifications and Other

Statements of Bidders

SUBMITTAL INFORMATION

Solicitation Number: _______________________

Offeror's Name, Address, Telephone Number, and Fax Number:

Name of Person to Contact Telephone Number Fax Number

Commercial & Government Entity (CAGE) Code:

DUNS Number:

52.204-7 System for Award Management JUL 2013 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-4 Recovered Material Certification MAY 2008 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country

JAN 2009

252.223-7001 Hazard Warning Labels DEC 1991 252.247-7022 Representation Of Extent Of Transportation Of By Sea

AUG 1992

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2014)

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

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

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(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

(iv) 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.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

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

(vii) 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.

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

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(ix) 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.

(x) 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.

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

(xii) 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.

(xiii) 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.

(xiv) 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.

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

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

(xvii) 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 $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

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(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

(Contracting Officer check as appropriate.)

(i) 52.219-22, Small Disadvantaged Business Status.

(A) Basic.

(B) Alternate I.

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

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

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

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

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

https://www.acquisition.gov/

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252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (AUG 2014)

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

(d)(1) The offeror has completed the annual representations and…