Crescent City FY20 Solicitation and Specs.pdf

SMALL BUSINESS SET ASIDE INVITATION FOR BIDS (IFB)

CRESCENT CITY

MAINTENANCE DREDGING PROJECT

DEL NORTE COUNTY, CALIFORNIA

IFB NO. W912P720B0011

US ARMY CORPS OF ENGINEERS

San Francisco District_________

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

00 10 00

00 21 00

00 45 00

00 72 00

00 73 00

ATTACHMENTS

SOLICITATION, OFFER AND AWARD (STANDARD FORM 1442)

(CONTINUATION STANDARD FROM 1442)

PRICING SCHEDULE

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/ OFFERORS AND

EVALUATION CRITERIA FOR AWARD

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF BIDDERS/

OFFERORS

CONDITIONS OF THE CONTRACT

CONTRACT CLAUSES

SPECIAL CONTRACT REQUIREMENTS

GENERAL WAGE DETERMINATION

PREAWARD SURVEY

TECHNICAL SPECIFICATIONS

NOTE:

(SEE TECHNICAL SPECIFICATIONS' TABLE OF CONTENTS FOR SPECIFICATION

SECTIONS INCLUDED IN THIS SOLICITATION/CONTRACT)

DRAWINGS (SEPARATE PACKAGE)

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 70 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.

00 70 00

CRESCENT CITY MAINTENANCE DREDGING PROJECT, DEL NORTE COUNTY, CALIFORNIA

PROJECT DESCRIPTION:

The w ork includes maintenance dredging of the Crescent City Marina Access Channel to -15-ft (MLLW) plus 1-ft of paid over-depth and transporting of the dredged material to Whaler Island. All dredging material transportation and material placement shall be in accordance with the project plans, specif ications, regulatory guidance, and applicable contract clauses. This requirement w ill be issued as an invitation for bids (IFB) w hich w ill result in the aw ard of a single Firm Fixed Price (FFP) contract. This is a Small Business Set-Aside.

The North American Industry Classif ication System (NAICS) Code applicable to this acquisition is: 237990.

ESTIMATED COST RANGE IS BETWEEN: $1,000,000.00 - $5,000,000.00.

X

ELIZABETH M SUTEY 703-969-6235

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

12-Jun-2020

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______5 calendar days and complete it w ithin ________54 calendar days after receiving aw ard, X notice to proceed. This performance period is 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 w ork required are due at the place specif ied in Item 8 by 1:00 pm local time 13 July 2020. 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

US ARMY ENGINEER DISTRICT, SAN FRANCISCO

CONTRACTING DIVISION

450 GOLDEN GATE AVE, 4TH FLOOR, SUITE 0134

SAN FRANCISCO CA 94102-3406

W912P7

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

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:

W912P720B0011 1 OF 89

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

W912P7-20-B-0011

SECTION 00 10 00 - Page 1

SECTION 00 10 00

PRICING SCHEDULE

CRESCENT CITY HARBOR MAINTENANCE DREDGING PROJECT FY20

Contract Line Item No. (CLIN)

Description of Supplies and Services *Quantity Unit

Unit Price

Amount

0001 Mobilization and Demobilization 1 Job ______ _________

0002 Dredging the Marina Access Channel to -15-ft MLLW including 1-foot of paid over-depth with disposal at Whaler Island 18,500 CY ______ _________

Total (Item 0001 through 0002) 18,500 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.

W912P7-20-B-0011

SECTION 00 10 00 - Page 2

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.

End of Document

Crescent City Dredging Project

DREDGING PLANT AND EQUIPMENT SCHEDULE

Available Plant to be Used

Age and Overall No. Type Capacity Manufacturer Condition Location Dimensions

Dredges:

Scows:

Tugboats:

Quantity Measurement Equipment:

Quality Control:

DDLS:

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

Section 00 10 00 Page 3 Dredging Plant & Equipment Schedule

Crescent City Dredging Project FY19 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 Page 4

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/

OFFERORS AND EVALUATION CRITERIA FOR AWARD

1 .1 GENERAL

The scope of this Invitation for Bid (IFB) is for a Crescent City Harbor Dredging Project, Del Norte County, California. The work includes maintenance dredging of the Crescent City Marina Access Channel to -15-ft (MLLW) plus 1-ft of paid over-depth and transporting of the dredged material to Whaler Island. All dredging material transportation and material placement shall be in accordance with the project plans, specifications, permits, regulatory guidance and applicable contract clauses. This requirement is for a Total Small Business Set-Aside in accordance with FAR 19.502-2 (b) which will be awarded with a single Firm-Fixed Price (FFP) contract. Bids received from offerors that are not Small Business concerns will not be considered.

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, Elizabeth Sutey, via email at elizabeth.m.sutey@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 (SAM) website (www.beta.sam.gov); however, changes to the solicitation will be made by amendment only. Solicitation Amendments will be posted to SAM 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 https://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.

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.

mailto:elizabeth.m.sutey@usace.army.mil https://beta.sam.gov/

SUBMITTAL REQUIREMENTS

The subsequent information will be submitted to the San Francisco District US Army Corps of Engineers and labeled Solicitation No. W912P719B0011.

(a) COVER LETTER (Envelope 1):

1) Solicitation number and Project Title: Crescent City Dredging Project, Del Norte 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

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 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:

Due to the coronavirus pandemic, and in the interests of public health and safety, 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 Elizabeth Sutey to obtain a unique DoD SAFE request code.

Elizabeth Sutey can be reached at elizabeth.m.sutey@usace.army.mil or (703) 969-6235. In the event Elizabeth Sutey cannot be reached, please call the main Contracting Division telephone number, (415) 503-6990, to request http://www.sam.gov/ https://safe.apps.mil/ 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 1:00 pm on 10 July 2020 until 1:00 pm on 13 July 2020. Early and late submissions outside of this window will not be accepted.

The public bid opening will be held via WebEx at 1:30 pm, which will allow participants to hear a live reading of the bids. Prior to the bid opening, participants dial the following:

Call-in toll-free number (ATT Audio Conference) +1-888-204-5984 Call-in number (ATT Audio Conference) +1-602-333-2014 Access Code 5361524

This number will provide each participant access to 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.

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 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.

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

52.214-34 APR 1991

52.214-35 APR 1991

52.222-5 MAY 2014

52.225-10 MAY 2014

52.228-1 SEP 1996

52.232-14 APR 1984

52.236-28 OCT 1997

252.204-7012 DEC 2019

252.215-7013 JAN 2018

252.225-7048 JUN 2013

252.232-7010

Submission Of Offers In The English Language Submission Of Offers In U.S. Currency Construction Wage Rate Requirements--Secondary Site of the Work Notice of Buy American Requirement--Construction Materials Bid Guarantee Notice Of Availability Of Progress Payments Exclusively For Small Business Concerns Preparation of Proposals--Construction Safeguarding Covered Defense Information and Cyber Incident Reporting Supplies and Services Provided by Nontraditional Defense Contractors.

Export-Controlled Items Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

US Army Corps of Engineers, San Francisco District Attn: Contracting Officer 450 Golden Gate Ave, 4th Floor San Francisco, CA 94102

(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: Justin Yee Address: 450 Golden Gate Ave, San Francisco, CA 94102 Telephone: 415-503-6788

(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):

www.aquisition.gov

(End of provision)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

252.204-7007 Alt A

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

http://www.aquisition.gov/

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-9 JAN 2011

52.209-13 JUN 2018

52.234-3 NOV 2016

252.203-7005

Personal Identity Verification of Contractor Personnel Violation of Arms Control Treaties or Agreements -- Certification.

Notice of Earned Value Management System - Postaward Integrated Baseline Review Representation Relating to Compensation of Former DoD Officials

NOV 2011

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.

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[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.

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)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2019)

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

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

(e) of this provision applies.

(2) If the provision at FAR 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 (e) 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:

__ (i) Paragraph (e) applies.

__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

https://www.sam.gov/

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

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.

(ii) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(iii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

_X_ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

____ (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at 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 FAR 52.204-8(c) and paragraph (d) 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 provision 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.

Section 00 70 00 - Conditions of the Contract

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 APR 1984

52.214-19 AUG 1996

52.214-26 OCT 2010

52.214-27

52.219-14 52.222-37 52.222-62 52.233-4 52.233-1 52.204-24

52.204-25

52.228-15

252.203-7000

Preparation of Bids-Construction Contract Award-Sealed Bidding-Construction Audit and Records--Sealed Bidding Price Reduction for Defective Certified Cost or Pricing Data -Modifications - Sealed Bidding Limitations on Subcontracting Employment Reports on Veterans Paid Sick Leave Under Executive Order 13706 Applicable Law for Breach of Contract Claim Disputes Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Performance and Payment Bonds—Construction

(DEVIATION 2020-O0016),

Requirements Relating to Compensation of Former DoD Officials

AUG 2011

MAR 2020

JUN 2020

JAN 2017

OCT 2004

MAY 2014

SEP 2011

DEC 2019

AUG 2019

JUN 2020

CLAUSES INCORPORATED BY FULL TEXT

52.252-6 Authorized Deviations in Clauses (APR 1984)

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

(b)The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

Section 00 72 00 - General Conditions

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 MAY 2014

52.203-12 OCT 2010

52.203-13 OCT 2015

52.203-19 JAN 2017

52.204-4 MAY 2011

52.204-7 OCT 2018

52.204-10 OCT 2018

52.204-13 OCT 2018

52.204-16 JUL 2016

52.204-18 JUL 2016

52.204-19 DEC 2014

52.204-22 JAN 2017

52.204-23 JUL 2018

52.209-6 OCT 2015

52.209-7 OCT 2018

52.209-9 OCT 2018

52.209-10 NOV 2015

52.210-1 APR 2011

52.211-13 SEP 2000

52.219-6 NOV 2011

52.219-8 OCT 2018

52.219-28 JUL 2013

52.222-3 JUN 2003

52.222-4 MAY 2018

52.222-6 AUG 2018

52.222-7 MAY 2014

52.222-8 AUG 2018

52.222-9 JUL 2005

52.222-10 FEB 1988

52.222-11

Price Or Fee Adjustment For Illegal Or Improper Activity Limitation On Payments To Influence Certain Federal Transactions Contractor Code of Business Ethics and Conduct Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Printed or Copied Double-Sided on Postconsumer Fiber Content Paper System for Award Management Reporting Executive Compensation and First-Tier Subcontract Awards System for Award Management Maintenance Commercial and Government Entity Code Reporting Commercial and Government Entity Code Maintenance Incorporation by Reference of Representations and Certifications.

Alternative Line Item Proposal Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment Information Regarding Responsibility Matters Updates of Publicly Available Information Regarding Responsibility Matters Prohibition on Contracting With Inverted Domestic Corporations Market Research Time Extensions Notice Of Total Small Business Set-Aside Utilization of Small Business Concerns Post-Award Small Business Program Rerepresentation Convict Labor Contract Work Hours and Safety Standards - Overtime Compensation

Construction Wage Rate Requirements Withholding of Funds Payrolls and Basic Records Apprentices and Trainees Compliance with Copeland Act Requirements 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 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets AUG 2018 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39…