W912P815B0007.pdf

DEPARTMENT OF THE ARMY

NEW ORLEANS DISTRICT, CORPS OF ENGINEERS

P.O. BOX 60267

NEW ORLEANS, LOUISIANA 70160-0267

REPLY TO

ATTENTION OF:

SOLICITATION: W912P8-15-B-0007 18 December 2014

UNRESTRICTED

FOR: Mississippi River, Baton Rouge to Gulf of Mexico, Southwest Pass Maintenance Dredging, Non-

Continuous Mile 6.0 AHP to Mile 19.5 BHP, Cutterhead Dredge Rental No. 2-2015 (OM-15-276)

TO OPEN: TIME AND PLACE OF BID OPENING WILL BE ESTABLISHED IN AN AMENDMENT

I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL

OPPORTUNITY CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM

THIS SOLICITATION.

II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION.

Bidders, Offerors and applicants are cautioned to note the "Certification of Non-segregated Facilities" in the solicitation. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.

III. (FAR 52.204-7) Prospective contractors must be registered in the SAM database prior to award of a contract. If your company is not currently registered in the SAM you may do so by simply going to http://www.sam.gov. You will be required to provide your company’s Dun and Bradstreet number. If you do not already have a D&B number, one can be obtained simply by calling Dun and Bradstreet at

(800) 333-0505.

IV. SUBCONTRACTING PLAN WILL BE DUE WITHIN TWO HOURS (2) OF VERBAL

NOTIFICATION

BIDDERS MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY

THIS SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS

IN BIDS IS PRESCRIBED IN 18 U.S.C. 1001. (FAR 52.214-4 APR 1984)

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of furnishing one fully crewed and equipped cutterhead dredge, with a dredge discharge size of 30 inches inside diameter (ID) complete in all respects, including all attendant plant and crew. Work will be performed at the Mississippi River SWP Area and possibly in other areas of the New Orleans District.

CAUTION TO BIDDERS: In delivery of hand-carried bids, bidders are cautioned to allow sufficient time for delays which may be encountered as a result of frequent trains which are subject to block all access roads to place of bid opening for various lengths of time. Such delays DO NOT permit acceptance or consideration of late bids.

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE

WITH THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH

REQUIREMENTS MANUAL", DATED SEPTEMBER 2008.

ATTENTION:

Contractors who submit an offer/bid shall register in the System for Award Management (SAM) to complete the Online Representations and Certifications. See FAR Clause 52.204-7 for required information. The website for SAM is https://www.sam.gov.

ALL INQUIRIES REGARDING THIS SOLICITATION

SHOULD BE MADE TO THE FOLLOWING:

BRIDGET BONNECARRERE, CONTRACT SPECIALIST

U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

E-MAIL: BRIDGET.M.BONNECARRERE@USACE.ARMY.MIL

PHONE: (504) 862-2876

COLLECT CALLS NOT ACCEPTED

NOTE: FOR THE MOST PROMPT REPSONSE, PLEASE SEND ALL QUESTIONS VIA E-

MAIL.

Mississippi River SWP Cutterhead Dredge Rental No. 2-2015 OM15276

PROJECT TABLE OF CONTENTS Page 1

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00010 BID SCHEDULE

00100 INSTRUCTIONS TO OFFERORS

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SUPPLEMENTARY CONDITIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS)

01 57 20.00 10 ENVIRONMENTAL PROTECTION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 01 50.73 SURVEYS AND CHANNEL BOTTOM GRAB SAMPLING

35 20 23.23 HYDRAULIC DREDGING

35 20 23.23 12 HYDRAULIC DREDGING – SOUTHWEST PASS

-- End of Project Table of Contents --

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

11. The contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

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

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

W912P8-15-B-0007

U.S. Army Engineer District, New Orleans 7400 Leake Ave.

New Orleans, LA 70118-3651

Mississippi River, Baton Route to Gulf of Mexico, Southwest Pass Maintenance Dredging, Non-Continuous Mile 6.0 AHP to Mile

19.5 BHP, Cutterhead Dredge Rental No. 2-2015 (OM-15-276)

This is an UNRESTRICTED procurement.

The work consists of furnishing one fully crewed and equipped cutterhead dredge, with a dredge discharge size of 30 inches inside diameter (ID) complete in all respects, including all attendant plant and crew. Work will be performed at the Mississippi River SWP Area and possibly in other areas of the New Orleans District.

** TO BE ESTABLISHED BY AMENDMENT

* See Paragraph 00010-1.4c

U.S. Army Engineer District, New Orleans Attn: CEMVN-CT-E 7400 Leake Ave., Room 155A New Orleans, LA 70118

Bridget M. Bonnecarrere (504)862-2876

OM-15-276

1 212/18/2014

1 (one)

00800-3.2

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

USACE, New Orleans Area Office 990 N. Corporate Drive, Suite 102 Harahan, LA 70123

USAED NEW ORLEANS

C/O USACE, FINANCE CENTER (UFC)

ATTN: CEFC-AO-P

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULE

1.1.1 Bid Form Notes

1.2 BIDDING

1.3 EVALUATION OF BIDS

1.4 CONDITIONS OF CONTRACT AWARD

1.5 BIDDER QUALIFICATIONS

1.6 PRE-AWARD INSPECTION OF PLANT

1.7 OPTION ITEMS

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 00010 Page 1

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULE

SECTION 00010 - BIDDING SCHEDULE

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO,

SOUTHWEST PASS MAINTENANCE DREDGING NON-CONTINUOUS

MILE 6.0 AHP TO MILE 19.5 BHP

CUTTERHEAD DREDGE RENTAL NO. 2-2015

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P8-15-B-0007

30 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITH SUBMERGED PUMP

Bid Item DESCRIPTION Estimated Quantity

Unit Unit Price

Total Price

0001 MOBILIZATION AND

DEMOBILIZATION

1 JOB

0002 DREDGING: Rental of one fully operated cutterhead dredge with 30-inch ID pump discharge with a submerged pump, attendant plant and discharge pipeline as specified.

1440 HOUR

Option

OPTION DREDGING - Same plant as listed in Item No. 0002 of this bid lot.

720 HOUR XXXXXXXX

Option

DREDGE TOWING SERVICE 25 MILE

Option

BIRD NESTING

PREVENTION AND

AVOIDANCE MEASURES

98 DAY

TOTAL:

*SEE BID FORM NOTES

SECTION 00010 Page 2

1.1.1 Bid Form Notes

a. Bidders shall bid on all items including optional items (see "Evaluation of Options" FAR 52.217-5). Failure to bid on all items will result in a non-responsive bid.

b. Bidders shall use the Item No. 0002 unit price to compute Item No.

0003 total price.

c. Any bid may be rejected if the Contracting Officer or his/her authorized representative determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the bid, but the prices for individual line items as well. Any bid may be rejected if the prices for any line items or subline items are materially unbalanced (see "Proposal Analysis Techniques" FAR 15.404-1(g)(3)).

d. THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442 after Notice of Award. The NTP will be issued after verification of acceptable performance and payment bonds. Within two (2) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Program, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract have been conducted.

e. RAPID VENDOR PAYMENT: See the following web based instructions for the submission of invoices;

http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment

f. As per FAR 9.104-2, special standards of responsibility have been established for this acquisition. A pre-award survey will be required.

Before award, the apparent low bidder shall provide documentation to satisfy the following definitive responsibility criteria. An apparent low bidder who is not able to meet the following definitive responsibility criteria will be deemed to lack responsibility and will be ineligible for award:

1. Bidders shall furnish in their bid package a completed "Cutterhead Dredge and Attendant Plant Data Sheet" (see Section 35 20 23.23 - Hydraulic Dredging). If the apparent low bidder fails to furnish the intended dredge's "Cutterhead Dredge and Attendant Plant Data Sheet" within his/her bid package, the apparent low bidder will have 24 hours after the time of the bid opening to provide the Contracting Officer a copy. If the apparent low bidder fails to furnish the intended dredge's "Cutterhead Dredge and Attendant Plant Data Sheet" to the Contracting Officer within the allotted time, the respective bid will be declared non-responsive and the next apparent low bidder will be evaluated as stated in the paragraphs below.

2. Upon receipt of the apparent low bidder's completed "Cutterhead Dredge and Attendant Plant Data Sheet" for the dredge plant that is intended to perform work under this solicitation, the "Cutterhead Dredge and Attendant Plant Data Sheet" will be evaluated to ensure that the dredge meets the equipment

SECTION 00010 Page 3 requirements as stated in Section 35 20 23.23, paragraph entitled "Size and Equipment of Dredge Plant".

a) If, after review, the Government determines that the dredge on the "Cutterhead Dredge and Attendant Plant Data Sheet" does satisfy the equipment requirements as stated in Section 35 20 23.23, paragraph entitled "Size and Equipment of Dredge Plant", the Government will proceed with award of the contract to the apparent low bidder, provided all other requirements for award have been satisfied.

b) If, after review, the Government determines that the dredge on the "Cutterhead Dredge and Attendant Plant Data Sheet" does not satisfy the equipment requirements as stated in Section 35 20 23.23, paragraph entitled "Size and Equipment of Dredge Plant", the Government will declare the apparent low bidder to be non-responsible and the bid non-responsive. The Government will thereafter perform the described pre-award survey on the next apparent low bidder, and will do so with each successive apparent low bidder until it is determined that the otherwise responsive, apparent low bidder, has submitted a "Cutterhead Dredge and Attendant Plant Data Sheet" that does satisfy the equipment requirements as stated in Section 35 20 23.23, paragraph entitled "Size and Equipment of Dredge Plant".

g. The unit "job" is a one-time payment for work performed. "Job" is synonymous with the previously used term "lump sum".

1.2 BIDDING

Bidders shall furnish unit prices for all items listed on the schedule of bid items that require unit prices. If the bidder fails to insert a unit price in the appropriate blank for required items but does furnish an extended total or an estimated amount for such items, the Government will deem the unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE

BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED ESTIMATED AMOUNT FOR

ANY REQUIRED ITEM, THE BID WILL BE DECLARED NON-RESPONSIVE.

1.3 EVALUATION OF BIDS

a. The hourly dredging quantities have been determined based on the estimated quantity of shoal material to be removed and the nominal production rates of the dredge. The production rates shown in the chart in paragraph entitled "Minimum Production Rate Requirements" located in the Dredging Region Section(s) were used to make this determination.

b. The nominal dredge production rates listed in this solicitation were conservatively estimated based on lower-bound material face availability of this solicitation's dredging regions, which have variable and dynamic shoaling conditions. It is the bidder's responsibility to make its own assessment of the actual dredging conditions in order to prepare a bid for this work.

c. Award will be made to that responsible bidder presenting the lowest priced responsive bid in response to this solicitation.

d. The hourly quantities shown on the bid lot (Bid Items, "Dredging" and "Option Dredging") are 100% pay time hours. The actual term of the

SECTION 00010 Page 4 dredge rental may vary as a result of fractional pay time. Refer to Section 35 20 23.23, paragraph entitled "Dredging and Option Dredging Items", for additional information.

1.4 CONDITIONS OF CONTRACT AWARD

a. Award will be made as a whole to one bidder. The dredge and attendant plant offered in the bidding schedule shall be complete with full operating personnel and in operating status for the contract period. EM 385-1-1, Section 19, "Floating Plant and Marine Activities" shall be complied with at all times. NOTE: All work under these specifications shall be performed in accordance with the provisions of EM 385-1-1 "Army Corps of Engineers Safety and Health Requirements Manual", latest edition.

b. The Government may award the contract at the total bid price, comprised of the base items and option item(s); however, the Government is not obligated to exercise any option item(s).

c. The number of hours of rental time stated in the bidding schedule is an estimated quantity. The dredge and attendant plant will be retained for an approximate number of days shown in the table below starting from 480 hrs after receipt of Government Notice to Proceed by the Contractor.

APPROXIMATE CUTTERHEAD DREDGE

CONTRACT DURATION

(BASE PLUS OPTION)

Discharge Line

ID (INCHES)

Submerged Pump Approximate Number of Rental Days

30 YES 138

d. The bidder shall be capable of providing for assignment of the dredge and all attendant plant, complete and in full operating condition in all respects, within 480 hours after receipt of Notice to Proceed by the Contractor.

1.5 BIDDER QUALIFICATIONS

a. Before the Government will award a contract based on this solicitation, the apparent low bidder shall establish that it is responsible and entitled to award of the contract, by certifying that its dredge meets the appropriate production rate for the dredging region, as listed in the table in paragraph entitled "Minimum Production Rate Requirements" located in the Dredging Region Section(s). The dredge must have performed at, or above, the listed production rate for at least 85 percent of the total contract duration, on any contracts that are used to prove plant capability, within three years prior to the bid opening date of this solicitation. Failure to establish the dredge's capability to meet the required production rate will result in a finding of non-responsibility.

b. A bidder may be rejected as non-responsible if it cannot show the necessary capital, experience, or equipment needed to perform the work described under this solicitation (see "Contractor Qualifications" FAR

SECTION 00010 Page 5

9.1). The bidder must also show that the dredge and attendant plant are not already obligated for the performance of other work which would delay commencement, performance, and completion of the solicited work;

and must show that delivery of the dredge and attendant plant to the site of work can be made within the time allowed in the specifications.

c. Bidders must have a profile in SAM in accordance with FAR 52.204-7 and DFARS 252.204-7004 Alt A.

1.6 PRE-AWARD INSPECTION OF PLANT

a. The apparent low bidder shall make the dredge and attendant plant available for inspection, to determine compliance with these specifications, as soon as practicable after bids are opened, and prior to contract award. If deficiencies are found during the inspection, the bidder will be notified in writing, which may be transmitted by email or facsimile. Upon receipt of such notice, the bidder shall correct all deficiencies at least two calendar days in advance of the projected contract award date.

b. Two calendar days before the projected award date, or upon notification by the bidder that the deficiencies have been corrected, a Government representative will re-inspect the dredge and attendant plant. If at that time the dredge and attendant plant do not meet the requirements of these specifications, the bidder will be rejected as non-responsible.

c. The Government may choose to waive the pre-award inspection if the projected contract award date is less than five calendar days after the bid opening date. Waiver of the pre-award inspection does not relieve the bidder from the requirement to provide a dredge and attendant plant in full compliance with the specifications.

1.7 OPTION ITEMS

a. The Government may require the delivery of, in whole or part, all Option Items. The Government may exercise an Option Item by written notice to the Contractor. If the Government activates the Option Item, the activation will occur while the Contractor's equipment is in the work vicinity as described in the applicable Dredging Region Section(s). "Option Dredging" Item work shall be performed as a continuance of "Dredging" Item work, which shall be activated first.

b. No additional mobilization/demobilization will be paid to the Contractor for Option Item work performed within the work region. The Contractor shall commence performance of optional work no more than 3 calendar days after the time the Contractor receives the Government's Notice to Proceed with the optional work.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 00010 Page 6

BID BOND

( See instructions on reverse)

DATE BOND EXECUTED (Must not be later than bid opening date) OMB Number: 9000-0045

Expiration Date: 6/30/2016 Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspects of this collection of information, including suggestions for reducing this burden, to the FAR Secretariat (MVR), Federal Acquisition Policy Division, GSA, Washington, DC 20405.

PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)

INDIVIDUAL

JOINT VENTURE

PARTNERSHIP

CORPORATION

STATE OF INCORPORATION

SURETY(IES) (Name and business address)

PERCENT

OF BID

PRICE

PENAL SUM OF BOND

AMOUNT NOT TO EXCEED

MILLION (S) THOUSAND(S) HUNDRED(S) CENTS

BID IDENTIFICATION

BID DATE

FOR (Construction, supplies, or Services)

INVITATION NO.

OBLIGATION

We, the Principal and Surety (ies) are firmly bound to the United States of America (hereinafter call the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit or liability is the full amount of the penal sum.

CONDITIONS:

The principal has submitted the bid identified above.

THEREFORE:

The above obligation is void if the Principal - (a) upon acceptance by the Government of the bid identified above, within the period specified therein for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10 days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to executes such further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the amount of the bid.

Each surety executing this instrument agrees that its obligations is not impaired by any extension(s) of the time for acceptance of the bid that the principal may grand to the Government. Notice to the surety (ies) of extensions (s) are waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the periods originally allowed for acceptance of the bid.

WITNESS

The principal and Surety (ies) executed this bid bond and affixed their seals on the above date.

PRINCIPAL

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1. 2.

2.

3.

3.

(Seal) (Seal) (Seal) Corporate Seal

INDIVIDUAL SURETY(IES)

SIGNATURE(S)

NAME(S)

(Typed)

1.

1.

2.

2.

(Seal) (Seal)

CORPORATE SURETY(IES)

SU

R

ET

Y

A

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

AUTHORIZED FOR LOCAL REPRODUCTION

Pervious edition is usable

STANDARD FORM 24 (REV. 10/1998)

Prescribed by GSA - FAR (48 CFR) 53.228(a)

SU

R

ET

Y

B

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

Corporate Seal

LIABILITY LIMIT ($)STATE OF INC.

2.

2.

1.

1.NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

C

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INC.

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

D

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INC.

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

E

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INC.

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

F

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INC.

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

G

INSTRUCTIONS

1. This form is authorized for use when a bid guaranty is required. any deviation from this form will require the written approval of the Administrator of General Services.

2, Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., ab attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 20% of the bid price but the amount not to exceed dollars).

4. (a) Corporation executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitation listed therein. where more than one corporate surety is involved, their names and address shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY (IES)." In the space designed "SURETY (IES)" on the face of the form, insert only the letter identification of the sureties.

(b) Where individual sureties are involved, a completed Affidavit of Individual surety (Standard Form 28), or each individual surety, shall accompany the bond. The Government may require the surety to furnish additional substantiating information concerning its financial capability.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word " Corporate Seal";

and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

6. Type the name and title of each person signing this bond in the space provided.

7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "Offeror."

STANDARD FORM 24 (REV. 10/1998) BACK

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-16 Facilities Capital Cost of Money JUN 2003 52.225-12 Notice of Buy American Requirement - Construction

Materials Under Trade Agreements

MAY 2014

CLAUSES INCORPORATED BY FULL TEXT

52.214-5000 Apparent clerical mistakes.

ARITHMETIC DISCREPANCIES

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

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

Michelle Dalmado, Contracting Officer, US Army Corps of Engineers, ATTN: CEMVN-CT-E, 7400 Leake Ave., New Orleans LA 70118-3651, facsimile (504)862-2527).

(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: Mr. Charles Freeman, Area Engineer, New Orleans Area Office Address: 43020 Highway 23, Venice, LA 70091 Telephone: 504-862-1554

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

NOTICE TO CONTRACTOR

This solicitation contains two sets of goals for minority participation in construction crafts on this contract. They are the New Orleans Hometown Plan and the New Orleans Standard Metropolitan Statistical Area (SMSA).

Contractor will determine the goals applicable to him by the following:

Hometown Plan applies only to those contractors who are signatory to the Hometown Plan and utilizing crafts signatory to the plan.

New Orleans Standard Metropolitan Statistical Area (SMSA) applies to all contractors in the New Orleans SMSA area not signatory to the Hometown Plan, or utilizing crafts not signatory to the plan.

Federal Register/Vol. 45, No. 194/Friday, October 3, 1980

SOLICITATION PROVISION NOTICE OF REQUIREMENT FOR

AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY

The Bidder’s attention is called to “EQUAL OPPORTUNITY” and “LOCAL AFFIRMATIVE ACTION PLAN” clauses of the contract.

The acceptable ranges of minority manpower utilization, expressed in percentage terms are as follows:

Goals for Minority Goals for Female Timetables Participation for Participation in Each Trade Each Trade

Indefinitely 20% - 23% 6.9%

The Bidder shall, within 5 days after a request; therefore, by the Contracting Officer of his duly authorized representative, submit the following information.

(a) A list of the construction trades he intends to use, either directly or through subcontractors at any tier, in the performance of work covered by this solicitation;

(b) A list of the labor organizations with which he has collective bargaining agreements and which are signatories to the Hometown Plan with respect to trades for which specific commitments to goals of minority manpower utilization are set forth in the Hometown Plan;

(c) A list of the labor organizations with which he has collective bargaining agreements and which are not signatories to the Hometown Plan or which are signatories thereto but with respect to trades for which no specific commitments to goals of minority manpower utilization are set forth in the Hometown Plan, and

(d) A list of all current construction work or contracts to which he is a party in any capacity in the covered area.

As used in this NOTICE and the contract to result from this solicitation:

(a) “Hometown Plan” or “Plan” means the NEW ORLEANS Plan, consisting of “An Agreement for Implementation of Employment of Minorities in the New Orleans Building Construction Industry.”

(b) “The covered area” means Orleans, Jefferson, St. Bernard, St.

Tammany, St. Charles, St. John, Lafourche, Plaquemines, Washington, Terrebonne, Tangipahoa*, Livingston** and St.

James*** Parishes, Louisiana.

(c) “Director, OFCC” means the Director, Office of Federal Contract Compliance, United States Department of Labor, or any person to whom he delegates authority; and

(d) “Minority” means Negro, Spanish-surnamed American, Oriental, and

American Indian, and includes both men and women.

* Area covered is east of the Illinois Central Railroad.

** Area covered is southeast of the line from a point of the Livingston & Tangipahoa Parish line adjacent from New Orleans and Baton Rouge.

*** Area covered is southeast of a line drawn from the town of Gramercy to the point of intersection of St. James, Lafourche and Assumption Parishes.

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY (APRIL 1984)

(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation Goals for Female Participation for Each Trade for Each Trade

SMSA Counties MS 19.2% 6.9% SMSA Counties LA 31.0% 6.9% Non-SMSA Counties 27.7% 6.9%

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in the geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Program office.

(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled “Affirmative Action Compliance Requirements for Construction,” and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract. Executive Order 11246, as amended and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Director, Office of Federal Contract Compliance Programs, within 10 working days following award of a construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notifications shall list the –

(1) Name, address, and telephone number of the subcontractor;

(i) Employer identification number of the subcontractor;

(2) Estimated dollar amount of the subcontract;

(3) Estimated starting and completion dates of the subcontract;

and

(4) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is (FAR 52.222-23) Economic Area 113, New Orleans, LA as follows:

Standard Metropolitan Statistical Area

(SMSA) Counties:

0920 Biloxi – Gulfport, MS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 19.2% MS Hancock; MS Harrison; MS Stone

5560 New Orleans, LA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 31.0% LA Jefferson; LA Orleans; LA St. Bernard; LA St. Tammany

Non-Standard Metropolitan Statistical Area (Non-SMSA) Counties - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 27.7% LA Assumption; LA Lafourche; LA Plaquemines; LA St. Charles;

LA St. James; LA St. John the Baptist; LA Tangipahoa;

LA Terrebonne; LA Washington; MS Forrest; MS Lamar; MS Marion;

MS Pearl River; MS Perry; MS Pike; MS Walthall

U.S. Army Corps of Engineers, New Orleans District Current Small Business Program Target Percentages

SUBCONTRACTING

Small Business 50%

Small Disadvantaged 17% Business

Women-Owned 18% Business

HUBZone Small 10% Business

Service-Disabled 4% Veteran Business

Veteran Owned 8.5% Business

NOTE: The above figures are subject to change

Section 00600 - Representations & Certifications

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of clause)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)

(a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ___ ) is a women-owned business concern.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (MAY 2011)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

(c) Representation. By submission of its offer, the offeror represents that--

(1) It is not an inverted domestic corporation; and

(2) It is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision.