W912P8-17-B-0012.pdf
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DEPARTMENT OF THE ARMY
NEW ORLEANS DISTRICT, CORPS OF ENGINEERS
P.O. BOX 60267
NEW ORLEANS, LOUISIANA 70160-0267
REPLY TO
ATTENTION OF:
SOLICITATION: W912P8-17-B-0012 30 January 2017
UNRESTRICTED
FOR: Mississippi River, New Orleans Harbor Cutterhead Dredge Rental No. 3-2017 Orleans, Jefferson, Terrebonne, Plaquemines, and Lafourche Parishes, Louisiana (OM-17-032)
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 hydraulic pipeline cutterhead dredge on a rental basis for the subject contract. Work will be performed in the New Orleans Harbor Reach of the Mississippi River, adjacent lock forebays of the Gulf Intracoastal Waterway, Bayou Lafourche, Baptiste Collette and Houma Navigation Canal.
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 30 November 2014.
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.
Miss R, New Orleans Harbor and Various Bar Channels Cutterhead OM17032
PROJECT TABLE OF CONTENTS Page 1
PROJECT TABLE OF CONTENTS
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS
00010 BID SCHEDULE
00100 INSTRUCTIONS TO BIDDERS
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
35 20 23.23 HYDRAULIC DREDGING
35 20 23.23 07 HYDRAULIC DREDGING – NEW ORLEANS HARBOR DREDGING REGION
35 20 23.23 08 HYDRAULIC DREDGING – ALGIERS, IHNC, AND HARVEY LOCK
FOREBAYS DREDGING REGION
35 20 23.23 15 HYDRAULIC DREDGING – BAYOU LAFOURCHE DREDGING REGION
35 20 23.23 16 HYDRAULIC DREDGING – BAPTISTE COLLETTE BAR CHANNEL DREDGING
REGION
35 20 23.23 18 HYDRAULIC DREDGING – HOUMA NAVIGATION CANAL DREDGING REGION
-- 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
W912P8-17-B-0012
U.S. Army Engineer District, New Orleans 7400 Leake Ave.
New Orleans, LA 70118-3651
Mississippi River, New Orleans Harbor Cutterhead Dredge Rental Contracts No 3-2017, (OM-17-032)
This is an UNRESTRICTED procurement.
The requirements is to furnish one fully crewed and equipped hydraulic pipeline cutterhead on a rental basis for the subject contract. Work will be performed in the New Orleans Harbor Reach of the Mississippi River, adjacent lock forebays of the Gulf Intracoastal Waterway, Bayou Lafourche, Baptiste Collette and Houma Navigation Canal.
** TO BE ESTABLISHED BY AMENDMENT
* See Paragraph 00010-1.5c
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-17-032
1 201/30/2017
2:00 pm
3 (three)
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 7400 Leake Ave., Rm 186 New Orleans, LA 70118
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 SCHEDULES
1.2 BID FORM NOTES
1.3 BIDDING
1.4 EVALUATION OF BIDS
1.5 CONDITIONS OF CONTRACT AWARD
1.6 BIDDER QUALIFICATIONS
1.7 PRE-AWARD INSPECTION OF PLANT
1.8 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 SCHEDULES
See bid schedules on the following pages.
SECTION 00010 Page 2
SECTION 00010 – BIDDING SCHEDULE
Mississippi River, New Orleans Harbor and Various Bar Channels Cutterhead Dredge Rental No. 3-2017
Orleans, Jefferson, Terrebonne, Plaquemines, and Lafourche Parishes, Louisiana Solicitation No. W912P8-17-B-0012
LOT ONE, 24 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITHOUT SUBMERGED PUMP
Mississippi River, New Orleans Harbor and Various Bar Channels Cutterhead Dredge Rental No. 3-2017
Orleans, Jefferson, Terrebonne, Plaquemines, and Lafourche Parishes, Louisiana
LOT TWO, 24 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITH SUBMERGED PUMP
Mississippi River, New Orleans Harbor and Various Bar Channels Cutterhead Dredge Rental No. 3-2017
Orleans, Jefferson, Terrebonne, Plaquemines, and Lafourche Parishes, Louisiana
LOT THREE, 27 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITHOUT SUBMERGED PUMP
Mississippi River, New Orleans Harbor and Various Bar Channels Cutterhead Dredge Rental No. 3-2017
Orleans, Jefferson, Terrebonne, Plaquemines, and Lafourche Parishes, Louisiana
LOT FOUR, 30 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITHOUT SUBMERGED PUMP
Mississippi River, New Orleans Harbor and Various Bar Channels Cutterhead Dredge Rental No. 3-2017
Orleans, Jefferson, Terrebonne, Plaquemines, and Lafourche Parishes, Louisiana
LOT FIVE, 30 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITH SUBMERGED PUMP
1.2 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 Option Item No. 0003 total price, Item No. 0004 unit price to compute Option Item No. 0005 total price, Item No. 0007 unit price to compute Option Item No. 0008 total price, Item No. 0010 unit price to compute Option Item No. 0011 total price, and Item No. 0013 unit price to compute Option Item No. 0014 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 48 hours after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his/her authorized representative. Physical work cannot start until the Quality Control System is set-up, the Accident Prevention Program and other required submittals 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:
www.mvn.usace.army.mil/Business-With-Us/Contracting/Rapid-Vendor-Payment.
f. The unit "job" is a one-time payment for work performed. "Job" is synonymous with the previously used term "lump sum".
1.3 BIDDING
a. The bidder shall select only one bid lot, determined by the class of dredge intended to be used. Bids which are submitted on an inappropriate bid lot will be declared non-responsive.
b. 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.
1.4 EVALUATION OF BIDS
a. To provide fair competition between dredges of dissimilar sizes and
SECTION 00010 Page 8 production rates, 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 dredges in each bid lot. The production rates shown in the minimum production rate chart located in the Dredging Regions 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, regardless of the Bid Lot used.
d. The hourly quantities for the Dredging and Option Dredging Items shown on the bid lots are 100% pay time hours. The actual term of the 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.
1.5 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 will not be 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 no later than 120 hours after receipt of Government Notice to Proceed by the Contractor.
SECTION 00010 Page 9
APPROXIMATE DREDGE
CONTRACT DURATION
(BASE PLUS OPTION)
Bid Lot Discharge Line ID
(INCHES)
SUBMERGED
PUMP
Approximate Number of Rental Days
1 24 No 165
2 24 Yes 137
3 27 No 129
4 30 No 109
5 30 Yes 95
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, no later than 120 hours after receipt of Notice to Proceed by the Contractor.
1.6 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 minimum production rate chart located in the Dredging Regions 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 "Responsible Prospective Contractors" FAR 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 register in the System for Award Management (SAM) database in accordance with FAR 52.204-7 and DFARS 252.204-7004 Alt A.
1.7 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, SECTION 00010 Page 10 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.
1.8 OPTION ITEMS
a. The Government may require the delivery of, in whole or part, any 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). If Option Dredging Item work is exercised, it 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 three 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 11
BID BOND
(See instructions on reverse)
OMB Control Number: 9000-0045 Expiration Date: 7/31/2019
PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)
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 INVITATION NUMBER
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 INCORPORATION LIABILITY LIMIT ($)
SIGNATURE(S)
NAME(S) &
TITLE(S)
(Typed)
1.
1.
2.
2. Corporate Seal
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is NOT usable
STANDARD FORM 24 (REV. 8/2016)
Prescribed by GSA - FAR (48 CFR) 53.228(a)
FOR (Construction, Supplies or Services)
OBLIGATION:
We, the Principal and Surety(ies) are firmly bound to the United States of America (hereinafter called 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 of 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 execute 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 obligation is not impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the Government.
Notice to the surety(ies) of extension(s) is waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period 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.
DATE BOND EXECUTED (Must not be later than bid opening date)
Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number. The OMB control number for this collection is 9000-0045. We estimate that it will take 25 minutes to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405.
JOINT VENTURE
OTHER (Specify)
PARTNERSHIPINDIVIDUAL
CORPORATION
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., an 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) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitations listed therein. The value put into the LIABILITY LIMIT block is the penal sum (i.e., the face value) of the bond, unless a co-surety arrangement is proposed.
(b) When multiple corporate sureties are involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the form, insert only the letter identifier corresponding to each of the sureties. Moreover, when co-surety arrangements exist, the parties may allocate their respective limitations of liability under the bond, provided that the sum total of their liability equals 100% of the bond penal sum.
(c) When individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28) for 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."
SU
R
ET
Y
B
NAME &
ADDRESS
STATE OF INCORPORATION LIABILITY LIMIT ($)
SIGNATURE(S)
NAME(S) &
TITLE(S)
(Typed)
1.
1.
2.
2. Corporate Seal
Corporate Seal
LIABILITY LIMIT ($)STATE OF INCORPORATION
2.
2.
1.
1.NAME(S) &
TITLE(S)
(Typed)
SIGNATURE(S)
NAME &
ADDRESS
SU
R
ET
Y
C
Corporate Seal
LIABILITY LIMIT ($)
2.
2.
STATE OF INCORPORATION
1.
1.
NAME(S) &
TITLE(S)
(Typed)
SIGNATURE(S)
NAME &
ADDRESS
SU
R
ET
Y
D
Corporate Seal
LIABILITY LIMIT ($)
2.
2.
STATE OF INCORPORATION
1.
1.
NAME(S) &
TITLE(S)
(Typed)
SIGNATURE(S)
NAME &
ADDRESS
SU
R
ET
Y
E
Corporate Seal
LIABILITY LIMIT ($)
2.
2.
STATE OF INCORPORATION
1.
1.
NAME(S) &
TITLE(S)
(Typed)
SIGNATURE(S)
NAME &
ADDRESS
SU
R
ET
Y
F
Corporate Seal
LIABILITY LIMIT ($)
2.
2.
STATE OF INCORPORATION
1.
1.
NAME(S) &
TITLE(S)
(Typed)
SIGNATURE(S)
NAME &
ADDRESS
SU
R
ET
Y
G
STANDARD FORM 24 (REV. 8/2016) BACK
Section 00100 - Bidding Schedule/Instructions to Bidders
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2016 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-12 Preparation Of Bids APR 1984 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 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 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements
MAY 2014
52.232-13 Notice Of Progress Payments APR 1984 252.204-7004 Alt A System for Award Management Alternate A FEB 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)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a firm fixed price contract resulting from this solicitation.
(End of provision)
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(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 for each trade
Goals for female participation for each trade
SEE ATTACHED SEE ATTACHED
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a 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 Programs 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 Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) 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 New Orleans, LA.
(End of provision)
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the 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 twenty (20%) percent of the bid price or $3,000,000.00, 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 of receipt from Ione M. Cataldo, Contracting Officer, U.S. Army Corps of Engineers, ATTN: CEMVN-CT-E, 7400 Leake Avenue, New Orleans, LA 70118-3651.
(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. Kenneth Crumholt, New Orleans Area Office Address: 7400 Leake Avenue, New Orleans, LA 70118 Telephone: 504-862-2489
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
(End of clause)
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
52.204-19 Incorporation by Reference of Representations and Certifications
DEC 2014
52.219-2 Equal Low Bids OCT 1995 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
CLAUSES INCORPORATED BY FULL TEXT
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.
(End of provision)
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2016)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.
(2) The small business size standard is $27,500,000.00.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 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.
(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(viii) 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.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xi) 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.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiii) 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.
(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xv) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.
Note to paragraph (c)(1)(xv): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 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.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is…
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