W912P722B0007 - Oakland_InnerOuter_FY22_Specs.pdf

S O L I C I T A T I O

NOAKLAND INNER & OUTER HARBOR

FY22

ALAMEDA

L I C I T A T I O N

SECTION

SOLICITATION

00 10 00

00 21 00

00 45 00

00 70 00

00 72 00

00 73 00

ATTACHMENTS

TABLE OF CONTENTS

COVER SHEET

TABLE OF CONTENTS

TITLE

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

01 00 00

35 00 00

NOTE:

General Requirements

Waterway and Marine Construction

DRAWINGS (SEPARATE PACKAGE)

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.

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

RESULTANT CONTRACT BY REFERENCE.

AMENDMENTS ARE INCORPORATED INTO THE RESULTANT CONTRACT.

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

MATERIAL PART OF THE CONTRACT.

L I C I T A T I O N

SOLICITATION, OFFER, 1. SOLICITA 11ON NO. 2. TYPE OF SOLICITA 110N 3. DA TE ISSUBJ PAGE OF PAGES

AND AWARD � SEALEDBID (IFB) 27-May-2022 (Construction, Alteration, or Repair)

VV912P72280007 □ NEGOTLI\ TED

(RFPJ

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

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

7. ISSUEDBY CODE IVV912P7 8. ADDRESS OFFER TO (If Other Than Item 7) CODE I

CONTRACTING DIVISION

450 GOLDEN GATE AVE, 4TH FL

See Item 7

SAN FRANCISCO CA 94102

TB.: 415-503-6990 FAX: TB.: FAX:

9. FOR INFORMA 110N A.NAIVE B. TB.EPHONE NO. (Include area code) (NO COLLECT CALLS)

CALL: KARENS SMTH 415-503-6989

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNIVENT REQUIRES PERFORMANCE OF THE WORK DESCRBED N THESE DOCUM:NTS (Title, identifying no., date):

The work includes annual maintenance dredging of the Oakland Inner and Outer harbor to -50-ft (MLLW) plus 1-ft of paid over-depth and transporting of the dredged material per the requirements in specification Section 00 10 00 PRICING SCHEDULE and 01 11 00 SUMMARY OF WORK. Excluding Reach 1 0A , the material from Reaches 1 through 1 OB is suitable for disposal at a Contractor-furnished upland beneficial use site as cover and at all Government furnished in-bay disposal sites. The material from Reach 10A must be taken to the Government-furnished SF-11 disposal site, and is not suitable for disposal at any other disposal location.

The North American Industry Classification System (NAICS)C ode applicable to this acquisition is 237990.

ESTIMATED COSTRANGE IS BETWEEN $10,000,000 AND $25,000,000.

See FAR Clause 52.236-27 SITE VISIT (CON STRUCTION) (FEB 1995)

BIDDER QUESTION S

Questions relating to this solicitation and technical inquiries wil l 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

11. The Contractor shall begin performance within 1 calendar days and complete it within

D award, � notice to proceed. This performance period is � mandatory, D negotiable.

166 calendar days after receiving

(See 52.211-10 .)

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRBJ PERFORMANCE AND PA YIVENT BONDS? 128. CALENDAR DAYS (If "YES," indicate wthin how many calendar days after award in Item 12B.)

�YES □ NO

13. ADDITIONAL SOLICITA 110N REQUIB.ENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 11:00 AM (hour) local time 27Jun 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers 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 � is, D is not required.

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

D. Offers providing less than 60

NSN 7540-01-155-3212

calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

L I C I T A T I O N

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Reoair)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TB.EA-lONE NO. (Include area code)

16. REMITTANCEADDRESS (Include only if different than Item 14)

See Item 14

CODE

I

FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than 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 AMENDlvENTS

(The offeror acknowledges receipt of arrendrrents to the solicitation - give nurrber and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN 20B. SIGNA TIJRE 20C. OFFER DA TE

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22.AMOUNT 23. ACCOUNTING AND APFROPRLA. 110N DA TA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITB\11 25. OTHER THAN FULL AND OPEN COl\tFETlllON PURSUANT TO

(4 copies unless otherwise specified) D 10 U.S.C. 2304(c) D 41 U.S.C. 253(c)

26. ADMINISTERED BY CODE I 27. PAYMENT W ILL BE MADE BY: CODE I

CONTRACT/NG OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

□ 28. NEGOTIATEDAGREBvENT (Contractor is required to sign this □ 29.AWARD (Contractor is not required to sign this docurrent.)

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

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

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

TO SIGN (Type or print)

30B. SIGNA TIJRE

TEL: EMAIL:

30C.DATE

31B. UNITED STATES OFAMERICA 31C. AWARD DATE

BY

NSN 7540-01-155-3212 STANDARDFORM1442BACK

(REV. 4-85)

L I C I T A T I O N

CONTINUATION OF STANDARD FORM 1442

BLOCK 200:

W912P722B0007

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

MUST COMPLETE THE FOLLOWING:

Company Name Signature Title

Company Name Signature Title

Company Name Signature Title

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

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, _____________ , certify that I am the Secretary of the corporation (name) named as a participant in a Joint Venture on this offer; that ___________ , who signed said offer on behalf of the corporation, was then

(name) is (title) of said corporation; that the signature thereto genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(Name of Corporation)

( Secretary)

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

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

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

Name Signature

Name Signature

Name Signature

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

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

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

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

COMPLETING THE FOLLOWING CERTIFICATE:

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L I C I T A T I O N

CONTINUATION OF STANDARD FORM 1442

CORPORATION AUTHORIZATION CERTIFICATE

W912P722B0007

I, ___________________ , certify that I am the Secretary of the

(name) corporation named as offeror in the within offer; that

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

(Name of Corporation)

( Secretary)

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

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

INDIVIDUAL DOING BUSINESS AS ___________________ (INSERT

NAME OF FIRM) .

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

BIND THE PRINCIPAL.

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L I C I T A T I O N

Oakland Dredging Project

No. TYQe

Dredges:

Scows:

Tugboats:

DREDGING PLANT AND EQUIPMENT SCHEDULE

Available Plant to be Used

Capacity Manufacturer

Age and

Condition

Quantity Measurement Equipment:

Quality Control:

DDLS:

Location

W912P722B0007

Overall

Dimensions

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

L I C I T A T I O N

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

W912P722B0007

b. �- 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 0/A and beam 0/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 Section 35 20 23 of the specifications.

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

(a)

(b)

Section 00 10 00 Page2

L I C I T A T I O N

Contract Line Item No.(CLIN)

Description of Supplies and Services *Quantity Unit

Unit Price($)

Amount($)

0001 Mobilization and Demobilization 1 Job

Dredging Reach 1 to -50-ft MLLW including 1-foot of paid Over-depth with disposal at Contractor furnished upland beneficial reuse site 204,200 CY

Dredging Reach 2 to -50-ft MLLW including 1-foot of paid Over-depth with disposal at Contractor furnished upland beneficial reuse site 156,400 CY

0004 Dredging Reach 3 to -50-ft MLLW including 1-foot of paid Over-depth with disposal at Government furnished site SF-11 74,900 CY

Dredging Reach 4 to -50-ft MLLW including 1-foot of paid Over-depth with disposal at Government furnished site SF-11 54,100 CY

0006 Dredging Reach 5 to -50-ft MLLW including 1-foot of paid Over-depth with disposal at Government furnished site SF-11 45,200 CY

Dredging Reach 6 to -50-ft MLLW including 1-foot of paid Over-depth with disposal at Government furnished site SF-11 35,700 CY

Dredging Reach 7 to -50-ft MLLW including 1-foot of paid Over-depth with disposal at Government furnished site SF-11 44,600 CY

SECTION 00 10 00

PRICING SCHEDULE

OAKLAND INNER AND OUTER HARBOR FY22 MAINTENANCE DREDGING

L I C I T A T I O N

Dredging Reach 8 to -50-ft MLLW including 1-foot of paid Over-depth with disposal at Government furnished site SF-11 46,000 CY

Dredging Reach 9 to -50-ft MLLW including 1-foot of paid Over-depth with disposal at Contractor furnished upland beneficial reuse site 22,200 CY

Dredging Reach 10A to -50-ft MLLW including 1-foot of paid Over-depth with disposal at Government furnished site SF-11. 38,900 CY

Dredging Reach 10B to -50-ft MLLW including 1-foot of paid Over-depth with disposal at Government furnished site SF-11. 28,000 CY

Total (Item 0001 through 0012)

1 .

2 .

3 .

4 .

5 .

6 .

750,200 CY + 1 Job

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.

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.

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

OF THE CONTRACT.

IMPORTANT NOTES:

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.

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.

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.

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

L I C I T A T I O N

7 . Dredge material placement shall meet the requirements in specification Section

01 11 00 SUMMARY OF WORK.

L I C I T A T I O N

1 .1 GENERAL

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/

OFFERORS AND EVALUATION CRITERIA FOR AW ARD

W912P722B0007

The scope of this Invitation for Bid (IFB) is for Oakland Inner and Outer Harbor FY22 Maintenance Dredging Project, Alameda County, California. The work includes annual maintenance dredging of the Oakland Inner and Outer harbor to -50-ft (MLLW) plus 1-ft of paid over-depth and transporting of the dredged material per the requirements in specification Section 00 10 00 PRICING SCHEDULE and 01 11 00 SUMMARY OF WORK.

Excluding Reach lOA , the material from Reaches 1 through lOB is suitable for disposal at a Contractor-furnished upland beneficial use site as cover and at all Government furnished in-bay disposal sites. The material from Reach lOA must be taken to the Government-furnished SF-11 disposal site, and is not suitable for disposal at any other disposal location. 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 full and open competition in and will be awarded with a single Firm-Fixed Price {FFP) contract.

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 ofCOVID-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, via email 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 Federal Business Opportunities website (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 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.

L I C I T A T I O N

1.6 BID FORMAT AND SUBMITTAL REQUIREMENTS

BID FORMAT

W912P722B0007

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

SUBMITTAL REQUIREMENTS

The subsequent information will be submitted to the San Francisco District US Army Corps of Engineers and labeled Solicitation No. W912P722B0007

A Bid Package shall consist of the following items:

(a) COVER LETTER:

1) Solicitation number and Project Title: Oakland Inner and Outer Harbor FY22 Maintenance Dredging Project, Alameda 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 DEV, SECTION 00 72 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 fmancial 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.

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W912P722B0007

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 ofresponsibility. To be determined responsible, the Bidder must meet the general standards ofresponsibility, 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.aru,s.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 Karen Smith cannot be reached, please call the main Contracting Division telephone number, (415) 503-6554, 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 6 days before and no later than the Bid Opening. This allows a submission window from June 21 at 12pm PST until 10 :59am PST on Monday, June 27. Early and late submissions outside of this window will not be accepted.

The public bid opening will be held via WebEx at 1130 am PST on June 27, 2022, which will allow participants to hear a live reading of the bids. Prior to the bid opening, participants must follow this link:

https://usacel.webex.com/meet/karen.smith 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 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 (DEVIATION 2020-00016 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 oflndividual Surety), accompanied by a pledge of acceptable assets from each person acting as an

Section 00 21 00 - Page 3

L I C I T A T I O N

W912P722B0007 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 DEVIATION 2020-00016).

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 exiressed 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.

At 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 listed in contract document.

2.3 CONTRACTOR RESPONSIBILITY, PRE-AW ARD 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 ccmmercial and governmental business commitments.

3) Have a satisfactory performance record. In making the determination of responsibility, the

Section 00 21 00 - Page 4

L I C I T A T I O N

W912P722B0007

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, 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 Contracting Officer, 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 23.0% Small, Disadvantaged Businesses 5.0% Women-Owned Small Businesses 5.0% HUBZone Small Business 3.0% Veteran-Owned Small Businesses 3.0% Service Disabled Veteran Owned Small Business 3.0%

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

CONTRACT AMOUNT.

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CLAUSES IN CORPORA TED 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)

52.228-1 BID GUARANTEE (SEP 1996)

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(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 frrm 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 United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

( c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000 whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

( e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(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 ofreceipt from:

US Army Corps of Engineers, San Francisco District Attn: Contracting Officer 450 Golden Gate Avenue, 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)

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

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(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:

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 o:fferor is cautioned that the listed provisions may include blocks that must be completed by the o:fferor 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):

Acquisition.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 (NOV 2020)

(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 Supplement ( 48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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SECTION 00 45 00

REPRESENTATIONS, CERTIFICATIONS,

AND OTHER STATEMENTS OF BIDDERS/OFFERORS

CLAUSES IN CORPORA TED BY REFERENCE

52.204-7 52.204-9 52.204-19

52.209 -9

52.225 -11

52.225 -12

252.204-7016

252.204-7019

System for Award Management Personal Identity Verification of Contractor Personnel Incorporation by Reference of Representations and Certifications.

Updates of Publicly Available Information Regarding Responsibility Matters

Buy American--Construction Materials Under Trade Agreements Notice of Buy American Requirement - Construction Materials Under Trade Agreements

OCT2018

JAN2011

DEC2014

OCT2018

DEC2021

MAY2014

Covered Defense Telecommunications Equipment or ServicesDEC 2019 -- Representation Notice of NIST SP 800 -1 71 DoD Assessment Requirements NOV 2020

CLAUSES IN CORPORA TED BY FULL TEXT

52.204-8 ANNUAL REPRESENT A TIO NS AND CERTIFICATIONS (JAN 2022 )

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(a)(l) The North American Industry Classification System (NAICS) code for this acquisition is 2 37990.

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

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the o:lferor waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women owned small business set-aside or sole-source award regardless of dollar value.

(b)(l) 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 O:lferor 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.

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( ) 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, Alternates I, and II). 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.

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

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(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 products or commercial services.

(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 ofBiobased 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--lsraeli 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 $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 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.

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(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.]

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

X (ii) 52.204-20, Predecessor ofOfferor.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM infonnation, 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.

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52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(l) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(l) in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph ( d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(l)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities ofa third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(l)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities ofa third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

( c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

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( 1) It [ _ ] will, [ _ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph ( e )( 1) of this section if the Offeror responds "will" in paragraph ( d)( 1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ _ ] does, [ _ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph ( e )(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

( e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(l) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(l) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the…