W912P7-17-B-0007_Final_26Jun17.pdf

SMALL BUSINESS SET ASIDE INVITATION FOR BIDS (IFB)

BODEGA BAY CHANNEL MAINTENANCE

DREDGING PROJECT

SONOMA COUNTY, CALIFORNIA

IFB NO. W912P7-17-B-0007

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

SOLICIATION 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/

OFFERORS 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

ATTACHMENTS

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, 00 73 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.

W62A2B70241706

BODEGA BAY CHANNEL MAINTENANCE DREDGING PROJECT, SONOMA COUNTY, CALIFORNIA

Project Description: The work includes maintenance dredging of the federal navigation channel in Bodega Bay. The project has a Base contract for the entrance channel from STA 0+00 to STA 132+00, and includes the Coast Guard Station and the Spud Point Marina channel, and two Options. Option 1 is from STA 132+00 to STA 145+00, and Option 2 is from STA 145+00 to the Turining Basin. The Base contract project depth is -12-ft (MLLW) plus 1-ft of allowable paid overdepth with an estimated 25,400 cubic yards of dredged material to be excavated, transported, and disposed at the Government-furnished ocean disposal sites SF-8 and SF-DODS. Option 1 has a contract depth of -12-ft (MLLW) plus 1-ft of allowable paid overdepth with an estimated 1,100 cubic yards of dredged material to be excavated, transported and disposed at the Government-furnished deep ocean disposal site SF-DODS. Option 2 has a contract depth of -12-ft (MLLW) plus 1-ft of allowable paid overdepth with an estimated 51,500 cubic yards of dredged material to be excavated, transported, and disposed at the Government-furnished deep ocean disposal site SF-DODS. The period of performance for the Base contract is 57 days. If the Options are awarded, 4 days will be added for Option 1 and 22 days will be added for Option 2.

This requirement is for Small Business Set Aside 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: $5,000,000.00 - $10,000,000.00

X

JAMES E GARROR 415-503-6888

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

26-Jun-2017

(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__57_____ 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 ______________ 26 July 2017 (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

10:00 AM (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:

W912P7-17-B-0007 97

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 this28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

W912P7-17-B-0007

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.

Section 00 10 00 Page 5

SECTION 00 10 00

PRICING SCHEDULES

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.

BODEGA BAY CHANNEL – DREDGING WITH DISPOSAL AT THE GOVERNMENT-

FURNISHED DEEP OCEAN DISPOSAL SITES SF-DODS AND SF-8

Item Description Estimated Unit

Quantity Unit Price Amount

BASE BID ITEMS

0001 Mobilization and Demobilization 1 JOB $______ $_______

0002 Dredging, Bodega Bay Main Channel STA 0+00 to STA 100+00 (including Coast Guard Station) to -12-ft (MLLW) including 1-foot of Paid Overdepth with disposal at the Government-furnished site (SF-8).

0002AA Required Dredging to -12-ft MLLW In Bodega Bay Main Channel 15,500 CY $______ $_______

0002AB Overdepth Dredging to -13-ft MLLW in Bodega Bay Main Channel 7,500 CY $______ $_______

0003 Dredging, Bodega Bay Main Channel STA 100+00 to STA 132+00 (including Spud Point Marina Channel) to -12-ft (MLLW) including 1-foot of Paid Overdepth with disposal at the Government-furnished site (SF-DODS).

0003AA Required Dredging to -12-ft MLLW In Bodega Bay Main Channel 600 CY $______ $_______

0003AB Overdepth Dredging to -13-ft MLLW in Bodega Bay Main Channel 1,800 CY $______ $_______

Section 00 10 00 Page 6

TOTAL BASE BID PRICE (Line Items 0001, 0002AA, 0002AB, 0003AA, 0003AB) $______________

OPTION 1

0004 Dredging, Bodega Bay Main Channel STA 132+00 to STA 145+00 to -12-ft (MLLW) including 1-foot of Paid Overdepth with disposal at the Government-furnished site (SF-DODS).

0004AA Required Dredging to -12-ft MLLW In Bodega Bay Main Channel 5,000 CY $______ $______

0004AB Overdepth Dredging to -13-ft MLLW in Bodega Bay Main Channel 6,000 CY $______ $______

TOTAL OPTION 1 BID PRICE (Line Items 0004AA, 0004AB) $______________

OPTION 2

0005 Dredging, Bodega Bay Main Channel to Turning Basin STA 145+00 to STA 183+00 to -12-ft (MLLW) including 1-foot of Paid Overdepth with disposal at the Government-furnished site (SF-DODS).

0005AA Required Dredging to -12-ft MLLW In Bodega Bay Main Channel 34,500 CY $______ $_______

0005AB Overdepth Dredging to -13-ft in Bodega Bay Main Channel 17,000 CY $______ $_______

Section 00 10 00 Page 7

TOTAL OPTION 2 BID PRICE (Line Items 0005AA, 0005AB) $______________

TOTAL BID PRICE (Line Items 0001, 0002AA, 0002AB, 0003AA, 0003AB, 0004AA, 0004AB, 0005AA, 0005AB) $_______________

Notes:

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

1. Prices must be submitted on all individual line items within Pricing 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. 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.

4. 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 Estimated Quantities contract clause, FAR 52.211-18, shall not apply to Bid Item No. 0001.

5. BASIS of AWARD: The contract will be awarded in accordance with FAR 52.214-19 Contract Award – Sealed Bidding – Construction. Options will be awarded at the time of award if it is determined to be in the best interest of the Government.

- End of Document –

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/

OFFERORS AND EVALUATION CRITERIA FOR AWARD

1 .1 GENERAL

The scope of this is set aside for Small Business Invitation for Bid (IFB) for Bodega Bay Channel Maintenance Dredging Project, Sonoma County, California. This requirement is for solicitation using Small Business Set Aside Competition in accordance with FAR Subpart 6.1, which will be awarded with a single Firm-Fixed Price (FFP) contract. The work includes maintenance dredging of the federal navigation channel in Bodega Bay. The project has a Base contract for the entrance channel from STA 0+00 to STA 132+00 and includes the Coast Guard Station and the Spud Point Marina channel, and two Options. Option 1 is from STA 132+00 to STA 145+00, and Option 2 is from STA 145+00 to the Turning Basin. The Base contract project depth is ‐12‐ft (MLLW) plus 1‐ft of paid overdepth with an estimated 25,400 cubic yards of dredged material to be excavated, transported, and disposed at the Government –furnished ocean sites SF-8 and SF-DODS. Option 1 has a contract depth of -12-ft (MLLW) plus 1-ft of paid overdepth with an estimated 1,100 cubic yards of material to be dredged, transported and disposed at the Government-furnished deep ocean disposal site SF-DODS. Option 2 has a contract depth of -12-ft (MLLW) plus 1-ft of paid overdepth with an estimated 51,500 cubic yards of material to be dredged, transported, and disposed at the Government-furnished deep ocean disposal site SF-DODS.

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 costs 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 BIDDER QUESTIONS

Questions relating to this solicitation and technical inquiries will be submitted via email to the assigned contract specialist, James E. Garror, via email at james.e.garror@usace.army.mil.

Please include the solicitation number, the project title, the location of the project together with the company name, email address, and telephone number in your correspondence. Inquiries must be received no later than 14 calendar days prior to the date set for bid opening.

Answers to pertinent questions will be posted on the Federal Business Opportunities (FBO) website (www.fbo.gov); however, changes to the solicitation will be made by amendment only. Solicitation Amendments will be posted to FBO separately.

1.5 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the Federal Business Opportunities (FedBizOpps) website https://www.fbo.gov/.

All amendments will be posted to the FedBizOpps website. It shall be the contractor's responsibility to check the websites for any amendments. The Bidder shall submit in the bid all requested information specified in this section of the Invitation for Bid (IFB) solicitation.

mailto:james.e.garror@usace.army.mil https://www.fbo.gov/

1.6 BID FORMAT AND SUBMITTAL REQUIREMENTS

BID FORMAT

Offerors 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.

SUBMITTAL REQUIREMENTS

The subsequent information will be submitted to the San Francisco District US Army Corps of Engineers and labeled Solicitation No. W912P7-17-B-0007.

Provide an original Bid Package, one hard copy, and one Compact Disc (CD) containing the Bid Packet information. A Bid Package shall consist of the following items:

(a) COVER LETTER (Envelope 1):

1) Solicitation number and Project Title: Bodega Bay Channel Maintenance Dredging Project, Sonoma County, California.

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

3) Names, title, and 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) SCHEDULE (Envelope 1):

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

2) Include the Offeror's DUNS number in block 14.

3) Acknowledgement of all amendments.

4) Pricing Schedule (SECTION 00 10 00).

5) Bid Bond (SF-24), See FAR Clause 52.228-1, SECTION 00 21 00.

(c) REPRESENTATIONS AND CERTIFICATIONS (Envelope 1):

1) The completed SECTION 00 45 00 of the IFB (Representations and Certifications)

2) Printed System for Award Management (SAM) Record (www.sam.gov)

(d) SUBMISSIONS FOR DETERMINATION OF CONTRACTOR RESPONSIBILITY (FAR 9.104-1 and 9.104-2) (Envelope 2):

Bidders shall submit the following:

1) A bank certification of financial capability or a financial statement not more than 60 days old. If more than 60 days old, a certificate stating that the financial condition is substantially the same or outlining the changes that have taken place.

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

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 will be deemed non-responsible, unless the contracting officer http://www.sam.gov/ determines that the circumstances were properly beyond the contractor's control or that the contractor has taken appropriate corrective action.

1.7 SPECIAL INSTRUCTIONS PERTAINING TO HAND-DELIVERED BIDS

Hand-Delivered bids are taken to the Building Lobby of 1455 Market Street, San Francisco, CA 94103.

Because of security precautions, all Corps of Engineers visitors must 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. Bids may not be turned-in at the Security Desk or left unattended elsewhere in the Lobby. Be advised that there is no public parking in the San Francisco Corps of Engineers Building.

The Bid Opening Officer will be in the Building Lobby 20 minutes prior to the scheduled time for bid opening to accept sealed bids. After announcing that no further bids will be received, the Bid Opening Officer will take the bids received in the lobby. The Bid Opening Officer will escort the bidders present as a group to the Bid Opening Room. The Bid Opening Officer will publically open and read the bids in the Bid Opening Room.

Bidders who desire to hand-deliver their bids at an earlier time must notify the contract specialist in advance to arrange a meeting in the San Francisco Corps of Engineers Building. In the event the contract specialist cannot be reached, please call the main Contracting Division telephone number, (415) 503-6990, to request assistance.

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

1.8 OTHER BID DELIVERY METHODS

Telegraphic, Facsimile, Email, or comparable delivery methods of the Bid Package are not acceptable.

Bids may be modified or withdrawn by written or USPS, FedEx, comparable delivery method. A notice to modify or withdraw a bid sent to this office via USPS, FedEx, or a comparable delivery method 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.

The offeror shall ensure that the IFB Number is clearly displayed on the delivery envelope. The offeror is responsible to ensure that the delivery official obtains the following information:

(1) The date and time of receipt

(2) The name of the recipient

(3) The signature of the recipient

1.9 PERFORMANCE AND PAYMENT BONDS

The offeror will, furnish performance and payment bonds within the time established in the contract in accordance with FAR 52.228-15 located in Section 00 72 00.

2.0 INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS

An offeror 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 proposal 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.

Failure to provide required documentation described herein may cause the offeror to be deemed "unacceptable".

2.1 BID GUARANTEE FORM AND AMOUNT

The offeror 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 (b) the bid guarantee amount shall be at least 20 percent of the “proposed price" but shall not exceed $3 million. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. The term "proposed price" is hereby defined as the total cost of the proposal. In a proposal that contains "additives", the "proposed price" is defined as the total of all proposed items including additive line items.

In accordance with 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."

2.2 ACCEPTANCE OF OFFERS

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

2.3 CONTRACTOR RESPONSIBILITY, PRE-AWARD SURVEY

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 Attachment 2, Pre-award Survey).

The Government will request this information from the eligible contractor after receipt of offer if they have 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.

1. The Pre-award Survey is attached to the solicitation for information purposes only and is not required as part of the Proposal package.

(a) If required to determine that a prospective contractor is responsible, the offeror must:

1) Demonstrate that they have adequate financial resources to perform the contract or the ability to obtain them.

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

3) 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 as responsible or not responsible solely based on a lack of relevant performance history except when there are special standards set forth in the solicitation, which applies, to all offerors 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 as responsible for a 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 nonresponsive 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.

4) Have a satisfactory record of integrity and business ethics.

5) 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).

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

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

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 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 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

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)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(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 Francisco, 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.

(End of provision)

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

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

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

Name: Peter Mull Address: 1455 Market Street, San Francisco, CA 94103-1394 Telephone: 415-503-6733

(End of provision)

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):

http://farsite.hill.af.mil/ (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.

http://farsite.hill.af.mil/

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

SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS

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:

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

(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.

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

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

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

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

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

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

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

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

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this https://www.acquisition.gov/ 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.

(End of provision)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

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

(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/DFARS 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 located in the SAM database.

(End of provision)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L.

112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

SECTION 00 72 00

GENERAL CONDITIONS

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.210-1 Market Research APR 2011 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

AUG 2011

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.219-9 Small Business Subcontracting Plan JAN 2017 52.219-14 Limitations On Subcontracting JAN 2017 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR…