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ED 17-052
IFB NO. W912P818B0022
US Army Corps of Engineers New Orleans District
Calcasieu River and Pass, LA
Maintenance Dredging FY18, Mile 5.0 to Mile 17.0, Including Beneficial Use within Sabine National Wildlife Refuge and Devil’s Elbow
Calcasieu and Cameron Parishes, LA
Construction Solicitation And Specifications
8 August 2018
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
NEW ORLEANS DISTRICT, CORPS OF ENGINEERS
7400 LEAKE AVENUE
NEW ORLEANS, LOUISIANA 70118-3651
Contracting Division Projects West Branch
ATTENTION BIDDERS
In preparing your bid -----
1. Have you signed the bid? Are all blank spaces filled in?
2. If signing on behalf of your company and not an offer thereof, have you attached evidence of your authority to sign the bid?
3. Have you acknowledged receipt of all amendments?
4. Have you checked your bid for possible errors? Arithmetically?
5. Have you furnished all information required by the invitation for bids or the specifications?
6. Are you submitting your bid on time? If mailed, will it reach the place of bid opening at the designated hour?
7. If required by the invitation, have you submitted a bid bond? Is it signed? Is it in the proper amount?
8. Have you identified on the face of the envelope containing your bid, the invitation number to which it pertains, and the date and hour of opening?
9. Note to bidders: Visitors will be checked at the gate when arriving at installation where bid opening will take place. The district has a new policy where all visitors must have a background search performed by district security and will not be allowed on the reservation if they are not cleared. To avoid possible delays, ensure your representative has no outstanding “problems” that can be discovered by the background check.
LMN FL 1078-1
AUGUST 90 (previous editions are obsolete) Proponent: CEMVN-CT-W
INQUIRIES REGARDING THIS SOLICITATION SHOULD BE MADE TO
THE FOLLOWING:
JENIFER BORDELON
EMAIL: JENIFER.M.BORDELON@USACE.ARMY.MIL
TELEPHONE: 504-862-2466
COLLECT CALLS NOT ACCEPTED
FOR THE MOST PROMPT RESPONSE, SEND ALL QUESTIONS VIA
EMAIL. ALL QUESTIONS MUST CONTAIN THE SOLICITATION
NUMBER IN THE SUBJECT LINE.
mailto:JENIFER.M.BORDELON@USACE.ARMY.MIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, NEW ORLEANS DISTRICT
7400 LEAKE AVENUE
NEW ORLEANS, LA 70118-3651
ED 17-052
REPLY TO
ATTENTION OF
8 August 2018
SOLICITATION: W912P818B0022
FOR: Calcasieu River and Pass, LA, Maintenance Dredging FY18, Mile 5.0 to Mile 17.0, Including Beneficial Use within Sabine National Wildlife Refuge and Devil’s Elbow, Calcasieu and Cameron Parishes, LA
TO OPEN: Bid opening date is 11 September 2018 and questions are due by 23 August 2018, 5:00 PM, CST
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. Prospective contractors must register in the System for Award Management (SAM). See FAR Clause 52.204-7 for required information. The website for SAM is https://www.sam.gov. You will be required to provide your company’s Dun and Bradstreet (D&B) D-U-N-S number. If you do not already have a D&B D-U-N-S number, one can be requested at http://fedgov.dnb.com/webform.
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 removal of material from within the Calcasieu River Ship Channel; satisfactory disposal of a portion of the material within the designated upland disposal areas adjacent to the Calcasieu River and Pass, and a portion of the material to be placed beneficially within the Sabine National Wildlife Refuge; all as shown on the drawings. The work also includes retention dike and weir construction, surveys, ditching and draining of disposal areas, spill box removal and replacement, and all operations incidental thereto.
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 and for visitor background checks by MVN security when entering the installation at place of bid opening. 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 NOVEMBER 2014
ATTENTION: Contractors must complete, and submit with their bid, the provisions located in Section 00600. A bidder may also submit, in lieu of the completed Section 00600, a complete hard copy of their Online Representations and Certifications Applications (ORCA) registration with an expiration date on or after the date of award.
https://www.sam.gov/ http://fedgov.dnb.com/webform
(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 NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
CODE
6. PROJECT NUMBER
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within
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
STANDARD FORM 1442 (REV. 8/2014)
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.
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 NUMBER (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
W912P818B0022
USACE, CONTRACTING DIVISION
ATTN: CEMVN-CT, ROOM 172
7400 LEAKE AVE.
NEW ORLEANS LA 70118-3651
Calcasieu River and Pass, LA, Maintenance Dredging FY18, Mile 5.0 to Mile 17.0, Including Beneficial Use within Sabine National Wildlife Refuge and Devil’s Elbow, Calcasieu and Cameron Parishes, LA (ED 17-052)
DESCRIPTION OF WORK: The work consists of removal of material from within the Calcasieu River Ship Channel; satisfactory disposal of a portion of the material within the designated upland disposal areas adjacent to the Calcasieu River and Pass, and a portion of the material to be placed beneficially within the Sabine National Wildlife Refuge; all as shown on the drawings. The work also includes retention dike and weir construction, surveys, ditching and draining of disposal areas, spill box removal and replacement, and all operations incidental thereto.
This procurement is UNRESTRICTED.
Magnitude of Construction: Between $25,000,000.00 and $100,000,000.00.
See Item 7
Jenifer Bordelon 504-862-2466
08/08/2018 local time 09/11/2018
2:00 PM
FAR 52.211-10
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
NUMBER
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 NUMBER (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. 8/2014) 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. 3304(a) ( )
20b. SIGNATURE 20c. OFFER DATE
US Army Corps of Engineers, Lafayette Area Office 646 Cajundome Blvd, Suite 301 Lafayette, LA 70506
USAED New Orleans C/O USACE FINANCE CENTER (UFC) Attn: CEFC-AO-P
5722 INTEGRITY DRIVE, MILLINGTON, TN 38054-5005
PTC-i ED 17--52
PROJECT TABLE OF CONTENTS
Division 00 – PROCUREMENT AND CONTRACT REQUIREMENTS
Solicitation, Offer and Award (SF-1442) 00010 Bidding Schedule 00100 Instructions to Bidders 00600 Representations and Certifications 00700 Contract Clauses
Division 01 - GENERAL REQUIREMENTS
01100 General Provisions 01 33 00 Submittal Procedures 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 45 04.00 10 Contractor Quality Control 01 57 20.01 12 Environmental Protection 01 78 02.00 10 Closeout Submittals
Division 02 - EXISTING CONDITIONS
02 21 10.00 12 Surveys
Division 05 - METALS
05 50 13 Miscellaneous Metal Fabrications
Division 09 - FINISHES
09 97 02.01 12 Painting: Coal Tar Epoxy System
Division 33 - UTILITIES
33 40 00 Steel Culvert Installation
Division 35 – WATERWAY AND MARINE CONSTRUCTION
35 20 23.00 12 Dredging
SECTION 00010 – BIDDING SCHEDULE
Calcasieu River and Pass, LA, Maintenance Dredging FY18, Mile 5.0 to Mile 17.0, Including Beneficial Use within Sabine National Wildlife Refuge and Devil’s Elbow, Calcasieu and Cameron Parishes, LA
00010-3 ED 17-052
Description Estimated Quantity Unit
Unit Price Alternative
Unit Price Alternative
Estimated Amount
Alternative 1
Estimated Amount
Alternative 2
BASE WORK
0001 Mobilization and Demobilization 1 JOB
0002 Dredging – Mile 14.0 to Mile 17.0
0002AA First 830,000 Cubic Yards 830,000 CY
0002AB All Over 830,000 Cubic Yards 120,000 CY
0003 Dredging – Mile 5.5 to Mile 6.5
0003AA First 110,000 Cubic Yards 110,000 CY
0003AB All Over 110,000 Cubic Yards 30,000 CY
0004 Dike Construction – Mile 5.5 – 6.5/ Mile 14.0 – 17.0 1 JOB
0005 Dredging – Devil’s Elbow
0005AA First 800,000 Cubic Yards 800,000 CY
0005AB All Over 800,000 Cubic Yards 300,000 CY
0006 Dike Construction - Devil’s Elbow 1 JOB
0007 Aerial Photography Documentation 1 JOB
ALTERNATIVE 1 – PLACEMENT OF MATERIAL WITHIN SNWR BUDMAT SITES
0008 Dredging at SNWR BUDMAT Sites – Mile 6.5 to Mile 14.0
0008AA First 1,300,000 Cubic Yards 1,300,000 CY 0008AB All Over 1,300,000 Cubic Yards 210,000 CY 0009 Sabine Weir Construction 12,055 LF 0010 Sabine Staging Areas 1 JOB
ALTERNATIVE 2 – PLACEMENT OF MATERIAL WITHIN CDF’S
0011 Dredging – Mile 6.5 to Mile 14.0 0011AA First 1,300,000 Cubic Yards 1,300,000 CY 0011AB All Over 1,300,000 Cubic Yards 210,000 CY 0012 Dike Construction - Mile 6.5 to
Mile 14.0 1 JOB
OPTIONALWORK
0013 Bird Nesting Prevention and Avoidance Measures - OW 80 DAYS
0014 Spill Box Removal and Replacement - OW 4 EACH
0015 Ditching/Draining CDF-12B - OW 26,439 LF
Mile 5.0 to Mile 17.0, Including Beneficial Use within Sabine National Wildlife Refuge and Devil’s Elbow, Calcasieu and Cameron Parishes, LA
00010-4 ED 17-052
Award will be made as a whole to one bidder, based on TOTAL WORK price for column “Estimated Amount Alternative 1” or “Estimated Amount Alternative 2”.
NOTE 1: The intent of the Government is to award “Alternative 1”. Due to limited availability of funds, final selection of Alternative to be awarded by the Government will be based on the Total Work price for column “Estimated Amount Alternative 1” or “Estimated Amount Alternative 2” and the Government availability of funds at the moment of award. Bidders must bid on both alternatives. If the bidder omits both the unit price and the extended amounts for any of the items in the base work, alternative 1, alternative 2, or optional work sections, then the bid will be declared non-responsive.
NOTE 2: The unit “Job” as used in this Bidding Schedule is synonymous with the term “Lump Sum” used elsewhere within these plans and specifications.
NOTE 3: Bidders shall furnish unit prices for all items listed on bidding schedule, which 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 his unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the estimated quantity. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE
EXTENDED ESTIMATED AMOUNT FOR ANY REQUIRED ITEM, HIS BID WILL BE DECLARED
NON-RESPONSIVE.
NOTE 4: 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 immediately after verification of acceptable performance and payment bonds. Within 24 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 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.
0016 Ditching/Draining CDF-13 - OW 33,716 LF
0017 Ditching/Draining CDF -17 - OW 22,121 LF
0018 Ditching/Draining CDF -22 - OW 19,400 LF
0019 Ditching/Draining CDF -H - OW 13,978 LF
TOTAL BASE WORK: $
TOTAL ALTERNATIVE 1: $
TOTAL ALTERNATIVE 2: $
TOTAL OPTIONAL WORK: $
TOTAL WORK: $
Mile 5.0 to Mile 17.0, Including Beneficial Use within Sabine National Wildlife Refuge and Devil’s Elbow, Calcasieu and Cameron Parishes, LA
00010-5 ED 17-052
NOTE 5: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price 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 FAR 14.404-2).
NOTE 6: OPTION WORK ITEMS: The Government may require the delivery of, in whole or part, the Optional Work Item(s) 0013, 0014, 0015, 0016, 0017, 0018, and 0019. The Government may exercise the Optional Item by written notice to the Contractor. If the Government activates an Optional Item, the activation will occur while the Contractor’s plant is within the limits of work. No additional mobilization/ demobilization will be paid to the Contractor for the Optional work.
NOTE 7: EVALUATION OF OPTIONS (FAR 52.217-5 JUL 1990). Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for this basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
NOTE 8: The quantity shown in Item 0013 is for evaluation purposes only; payment for this line item will be based on the actual quantity used and they shall be excluded from the “VARIATIONS IN ESTIMATED QUANTITIES” clause.
NOTE 9: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices:
http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx
NOTE 10: OPTIONAL WORK Item 013 “Bird Nesting Prevention and Avoidance Measures” will occur concurrently with contract work, if Alternative 1 is awarded. The successful bidder is advised that the contract time required for Bird Nesting Prevention and Avoidance Measures is included in the performance period allowed for completion of the base work and will not be adjusted for Bird Nesting Prevention and Avoidance Measures work.
NOTE 11: TIME ADJUSTMENT IN THE EVENT OF THE EXERCISE OF OPTIONAL
WORK. In the event that the remaining OPTIONAL WORK items are exercised under the terms of the contract, the time required for completion of the contract shall be 85 calendar days for Item 0016 through 0019 in addition to the original contract duration of 245 calendar days established for the BASE WORK items specified in Section 00700 CONTRACT CLAUSES paragraph entitled "COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK". In the event that not all OPTIONAL WORK items are exercised, the time required for completion of the contract will be adjusted by prorating the 85 calendar days using the linear footage of required ditching and draining for each specific item verses to total amount of ditching and draining for all subject OPTIONAL WORK items combined.
http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx
Mile 5.0 to Mile 17.0, Including Beneficial Use within Sabine National Wildlife Refuge and Devil’s Elbow, Calcasieu and Cameron Parishes, LA
00010-6 ED 17-052
EVALUATION OF SUBDIVIDED ITEMS (Mar 1995) - UAI 5152.211-9000.
Item 0002, 0003, 0005, 0008, and 0011 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.
(End of Clause)
VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS (Mar 1995) - UAI 5152.211-9001.
The Variation in Estimated Quantities Subdivided Items clause is applicable only in Item 0002, 0003, 0005, 0008, and 0011.
a. Variations from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.
b. Where the actual quantity of work performed for Item 0002, 0003, 0005, 0008, and 0011 is less than 85% of the quantity of the first sub-item listed under such item, the Contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity .
c. If the quantity of work performed under Item 0002, 0003, 0005, 0008, and 0011 exceeds 115% or is less than 85% of the total estimated quantity of the sub-items under that item, and/or if the quantity of work performed under the second sub-item or any subsequent sub-item under Item No. NONE exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract, the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity.
(End of Clause)
BID BOND
( See instructions on reverse)
DATE BOND EXECUTED (Must not be later than bid opening date) OMB Control Number: 9000-0045
Expiration Date: 7/31/2019 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.
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 NUMBER
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 INCORPORATION LIABILITY LIMIT ($)
SIGNATURE(S)
NAME(S) &
TITLE(S)
(Typed)
1.
1.
2.
2. Corporate Seal
AUTHORIZED FOR LOCAL REPRODUCTION
Pervious edition is usable
STANDARD FORM 24 (REV. 10/1998)
Prescribed by GSA - FAR (48 CFR) 53.228(a)
SU
R
ET
Y
B
NAME &
ADDRESS
STATE OF INCORPORATION LIABILITY LIMIT ($)
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
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) 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
W912P818B0022
Section 00100 - Bidding Schedule/Instructions to Bidders
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2016 52.204-22 Alternative Line Item Proposal JAN 2017 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 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
52.225-10 Notice of Buy American Requirement--Construction Materials
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
CLAUSES INCORPORATED BY FULL TEXT
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
UAI 5152.211-9000 Evaluation of Subdivided Items.
Item Nos. 0002, 0003, 0005, 0008 and 0011 are subdivided into two (2) or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.
(End of clause)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a firm fixed price contract resulting from this solicitation.
52.217-5 EVALUATION OF OPTIONS (JUL 1990)
https://www.acquisition.gov/
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
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 Lake Charles, 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 percent (20%) 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
U.S. Army Corps of Engineers, New Orleans District Attn: Charles Zammit, Jr.
CEMVN-CT-W, Room 172 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. John Page Email: john.r.page@usace.army.mil Address: Lafayette Area Office Telephone: 337-291-3007
(End of provision)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/ http://farsite.hill.af.mil
(End of provision) http://www.acquisition.gov/ http://farsite.hill.af.mil/
Section 00600 - Representations & Certifications
52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)
(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.
(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) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 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.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 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.
(xii) 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.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 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.
(xv) 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.
(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 $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
X (ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)
Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:
(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.
(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
https://www.acquisition.gov/
(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations. Applies to solicitations for the acquisition of commercial satellite services.
(vi) 252.225-7050, Disclosure of…
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