W912P720B0008 Noyo Harbor Dredging FY20 Specs (100 for Solicitation)1MAY20.pdf

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NOYO HARBOR FY20 MAINTENANCE DREDGING PROJECT
Solicitation number
W912P720B0008
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This solicitation is for a maintenance dredging project at Noyo Harbor. Work includes dredging the harbor to a depth of 10 feet with 1 foot of overdepth paid, transporting dredged material to government-furnished upland disposal sites. The contractor must provide all labor, material, and equipment. Acceptance will be based on achieving project depth throughout the dredging footprint within the performance period. The solicitation is a small business set-aside issued by the Department of the Army Corps of Engineers, San Francisco District as an invitation for bid resulting in a firm fixed-price contract. The North American Industry Classification code is 237990. The estimated cost range is $1-5 million. Questions are due by June 1, 2020 and bids are due the same date. The awardee must submit a small business subcontracting plan.

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SMALL BUSINESS SET ASIDE

NOYO HARBOR

MENDOCINO Y

THIS PAGE INTENTIONALLY LEFT BLANK

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.

Project Description: Work includes maintenance dredging to authorized depth of 10 feet w ith 1 foot paid over depth of the Noyo Harbor.

Dredge material excavated from Noyo Harbor w ill be transported and disposed at Government furnished upland disposal sites. All labor, material, and equipment to perform this work is the responsibility of the contractor. Acceptance of dredging w ill be based on achieving project depth in 100% of the project footprint within performance period.

This requirement is a Total Small Business Aside. It w ill be issued as an Invitation for Bid (IFB) which w ill result in the award of a single Firm Fixed Price (FFP) contract.

The North American Industry Classif ication System (NAICS) code is 237990.

Estimated Cost Range is between $1M-$5M IAW FAR 36.204

Questions relating to this solicitation and technical inquiries w ill be submitted via email to the assigned contract specialist. Inquiries must be received no later than 14 calendar days prior to the date set for bid opening.

X

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 (RFP)

(IFB)

CALL:

B. TELEPHONE NO. 415-503-6989 (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME Karen Smtih

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______5 calendar days and complete it w ithin ________53 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.2.11-10

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 w ork required are due at the place specified in Item 8 by 10:00 am PST local time June 1, 2020(date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

450 GOLDEN GATE AVE, 4TH FL, STE 0134

SAN FRANCISCO CA 94102-3406

W912P7 CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912P720B0008

PAGE OF PAGES

4 OF 262May 1,2020

X

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

SECTION 00 10 00

PRICING SCHEDULE

NOYO HARBOR FY20 MAINTENANCE DREDGING

Contract Line Item No.(CLIN)

Description of Supplies and Services *Estimated

Quantity Unit Unit Price

Amount

0001 Mobilization and Demobilization 1 Job

0002 Dredging Channel including 1-foot with Disposal at Upland Site to -10-ft MLLW of paid Over-depth Government Furnished

17,000 CY

Total (Item 0001 through 0002) 17,000 CY + 1 Job

* - ALL QUANTITIES ARE ESTIMATES. SEE FAR 52.211-18, SECTION 00 72 00 (GENERAL

CONDITION) OF THE CONTRACT.

Notes:

1 . To be considered responsive, prices must be submitted on all individual items within Pricing Schedule. Failure to do so may be cause for rejection of bids.

2 . Bidders must complete and submit attached “Dredging Plant and Equipment Schedule”, forms Page 1 and Page 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.

3 . The term "Job", which appears on the Pricing Schedule (Section 00 01 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.

4 . BASIS of AWARD: The contract will be awarded in accordance with FAR 52.214- 19 Contract Award – Sealed Bidding – Construction.

5 . The Government reserves the right to direct the Contractor to place dredged material at an environmentally acceptable alternate disposal site in accordance with the Change Clause FAR 52.243-4.

6 . 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.

7 . Dredge material placement shall meet the requirements in specification Section 01 11 00 SUMMARY OF WORK.

End of Document

SECTION 00 10 00 Page 1 of 1

W912P7-20-B-0008

Oakland Inner and Outer Harbor O&M Dredging Project FY20

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

Harbor FY20 Maintenance Dredging Project 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

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/

OFFERORS AND EVALUATION CRITERIA FOR AWARD

1 .1 GENERAL

The scope of this is an Unrestricted Invitation for Bid (IFB) for Noyo Harbor FY20 Maintenance Dredging Project. The work includes maintenance dredging to authorized 10 feet with 1 foot of paid over depth.

Dredge material excavated from Noyo Harbor will be transported and disposed at Government furnished upland disposal sites.

The work to be performed by the contractor and all subcontractors and suppliers qualifies for an exemption from the requirements of California Executive Order N-33-20, dated March 19, 2020, requiring individuals to stay at home to reduce the transmission of COVID-19. The work is exempt because it is needed to maintain continuity of operations of the Governments [waterways or facilities] critical infrastructure sector. The work of suppliers for the contract may also be needed to maintain continuity of operations of the Defense Industrial Base critical infrastructure sector. A description of these sectors can be found at https:// www.cisa.gov/critical-infrastructure-sectors. The work is also exempt from the various California County shelter-in-place orders because it is necessary to the operations and maintenance of Essential Infrastructure, which under those orders includes public works construction.

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, Karen Smith at karen.smith@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 Beta System for Award Management (beta.SAM.gov) website (www.beta.SAM.gov); however, changes to the solicitation will be made by amendment only.

Solicitation Amendments will be posted to beta.SAM.gov 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 Beta System for Award Management (beta.SAM.gov) website https://www.beta.SAM.gov/.

All amendments will be posted to the beta.SAM.gov 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.

W912P7-20-B-0008 http://www.cisa.gov/critical-infras mailto:karen.smith@usace.army.mil http://www.beta.sam.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 following information must be submitted to the San Francisco District US Army Corps of Engineers point of contact and labeled Solicitation No.W912P7-20-B-0008:

(a) COVER LETTER:

1) Solicitation number and Project Title: Noyo Harbor FY20 Maintenance Dredging Project

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:

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:

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):

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 nonresponsible, unless the contracting officer determines that the circumstances were properly beyond the contractor's control or that the contractor has taken appropriate corrective action.

1.7 SPECIAL INSTRUCTIONS FOR SUBMITTING YOUR BID:

All bidders are required to submit their bids electronically via the DoD Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/). No hand-delivered bids will be accepted.

To submit a bid, each bidder must contact Karen Smith to obtain a unique DoD SAFE request code. Karen

Smith can be reached at Karen.smith@usace.army.mil or 415-503-6989. In the event CONTRACT SPECIALIST cannot be reached, please call the main Contracting Division telephone number, (415) 503-6990, to request assistance. Once a bidder has a unique request code, they may upload their bid submission to DoD SAFE. All submissions must be no earlier than 24 hours before and no later than the Bid Opening. This allows a submission window from May 31, 2020 10:00amPST until June 1, 2020, 10:00am PST on June 1, 2020.

Early and late submissions outside of this window will not be accepted.

The public bid opening will be held via WebEx at June 1, 2020@11:00am PST which will allow participants to hear a live reading of the bids. Prior to the bid opening, participants must follow this link:

https://usace.webex.com/webappng/sites/usace/meeting/info/158601083942354071?MTID=me9 7b05495b11ef7961ce53430ff80ad2.

The link will provide each participant to register and obtain a security code to be used to access the bid opening Webex Meeting. Government will review the bids received electronically and post the abstracts of bids on Beta.SAM.gov as soon as practicable after bid closing.

It is the responsibility of all bidders to ensure their bid submissions are complete, inclusive of the price schedule, acknowledge of amendments, bid guarantee, and all additional information requested through this advertisement.

In order to facilitate electronic submission of bonds, the Government may contact the surety that issues the offeror's submitted bid guarantee in order to validate the bond, as permitted by FAR 28.101-3(e).

1.8 OTHER BID DELIVERY METHODS

Telegraphic, Facsimile, emailed, HAND DELIVERED, MAILED, or comparable delivery methods of the Bid Package are not acceptable.

Bids may only be modified or withdrawn by electronic means through a signed letter request uploaded to DoD SAFE using the same request code as the original bid. A notice to modify or withdraw a bid sent via DoD SAFE must be received in DoD SAFE no later than the exact date and time set for Bid Opening.

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. The offeror will provide the bonds to the Government electronically via the DoD SAFE. The offeror will also mail original, hard copies of bid bonds and performance bonds to the U.S. Army Corps of Engineers, San Francisco District, Contracting Division, 450 Golden Gate Avenue, Fourth Floor, San Francisco, CA 94102.

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

W912P7-20-B-0008 mailto:Karen.smith@usace.army.mil 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 price of either the Alternative 1 bid or the Alternative 2 bid, whichever is lower.

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.

2.4 PREPARATION OF SUBCONTRACTING PLAN (SEP 2004)

(a) See FAR 52.219-9, Section 00 72 00, Small Business Subcontracting Plan, incorporated by reference into this contract in Section 00 72 00.

(b) The Small Business Subcontracting Plan is not required from the low bidder until after the Bid Opening; it is not required as part of the bid package. After the Bid Opening, if the selected bidder fails to submit an acceptable plan within the time prescribed by the Contracting Officer, the bidder will be ineligible for award.

(c) Contact Mr. Theodore T. Turney, Chief, Contracting Division, (415) 503-6990, with questions on the Small Business Subcontracting Plan requirements.

(d) The acceptable Small Business Subcontracting Plan will be incorporated into and made a material part of the contract.

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

Small Businesses 20.0%

Small, Disadvantaged Businesses 15.0%

Women-Owned Small Businesses 5.0%

Service Disabled Veteran Owned Small Business 3.0%

Historically Underutilized Business Zone (HUBZone) 1.0%

The goals are calculated as a percentage of the TOTALSUBCONTRACTING DOLLARS, NOT THE

TOTALCONTRACT AMOUNT.

2.5 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.

CLAUSES INCORPORATED BY REFERENCE

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 fix 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 450 Golden Gate Avenue, 4th Floor, Room 1471 San Francisco, CA 94102-3406

(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 th is 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: Justin Yee Address: 450 Golden Gate Avenue, 4th Floor, San Francisco, California 94102-3406 Telephone: 415-503-6788 (End of provision)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

52.204-8 52.222-23 52.233-2 52.236-27 52.252-1 52.252-5 252.204-7007 Alt A

(End of provision)

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 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Section 00 45 00 - Representations and Certifications

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-19 Incorporation by Reference of Representations and DEC 2014

Certifications.

52.209-9 Updates of Publicly Available Information Regarding OCT 2018

Responsibility Matters

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)

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

The small business size standard is $3 , 00,000.00.

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

Section 00 45 00 - Representations and Certifications

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)

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

The small business size standard is $3 00,000.00.

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

(ii) X 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.

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

(End of provision)

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

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

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

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

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

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

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

(3) For long-term contracts--

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

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

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS--

REPRESENTATION (DEC 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked ``does'' in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:

(End of provision)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

(End of provision)

Section 00 70 00 - Conditions of the Contract

CLAUSES INCORPORATED BY REFERENCE

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 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - AUG 2011

Modifications - Sealed Bidding 52.214-28 Subcontracting Certified Cost Or Pricing Data-- OCT 2010

Modifications--Sealed Bidding 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 252.236-7008

Submission Of Offers In U.S. Currency Contract Prices—Bidding Schedules

APR 1991

DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the…

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