A21_SOLICITATION_20B0003.pdf

OM-20-300

IFB NO. W912P820B0003

US Army Corps of Engineers New Orleans District

FY 2020 Gulf Coast Regional Hopper Dredge Contract

Plaquemines Parish, Louisiana and Harrison County, Mississippi

Construction Solicitation and Specifications

October 21, 2019

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

7400 LEAKE AVENUE

NEW ORLEANS, LOUISIANA 70118

OM-20-300

REPLY TO 21 OCT 2019

ATTENTION OF

SOLICITATION: W912P820B0003

UNRESTRICTED

FOR: FY 2020 Gulf Coast Regional Hopper Dredge Contract. Louisiana and Mississippi. (OM-20-300).

TO OPEN: The Bid Opening will be on 20 November 2019 at 1:00PM (CST) at the U.S. Army Corps of Engineers, New Orleans District Office, located at 7400 Leake Avenue, New Orleans, LA 70118.

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 number. If you do not already have a D&B number, one can be requested from Dun and Bradstreet at (800) 333-0505 or http://fedgov.dnb.com/webform . 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 which is located within the System for Award Management (SAM). Prospective contractors with expired or inactive Representations and Certifications in SAM at time of award will be deemed unresponsive.

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 self-propelled trailing suction type hopper dredge on a rental basis. Work will be performed in the Gulfport Harbor Bar Channel and the Mississippi River Southwest Pass.

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", LATEST CONSOLIDATED VERSION.

https://www.sam.gov/ http://fedgov.dnb.com/webform

ALL INQUIRIES REGARDING THIS SOLICITATION

SHOULD BE MADE TO THE FOLLOWING:

CONTRACT SPECIALIST

ANTHONY (TONY) MAIORE

U.S. ARMY CORPS OF ENGINEERS (USACE), NEW ORLEANS DISTRICT (MVN)

EMAILS: ANTHONY.P.MAIORE@USACE.ARMY.MIL

OFFICE: (504) 862-1604

COLLECT CALLS NOT ACCEPTED

NOTE: REQUEST PLEASE SEND ALL QUESTIONS VIA EMAIL.

mailto:ANTHONY.P.MAIORE@USACE.ARMY.MIL

FY20 Gulf Coast Regional Hopper Dredge Contract OM20300

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 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 45 01.00 QUALITY CONTROL

01 57 20.00 30 ENVIRONMENTAL PROTECTION – MISSISSIPPI RIVER AND SOUTHWEST PASS

DREDGING REGION

01 57 20.00 32 ENVIRONMENTAL PROTECTION – GULFPORT HARBOR BAR CHANNEL DREDGING

REGION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23.23 HYDRAULIC DREDGING

35 20 23.23 30 HYDRAULIC DREDGING - MISSISSIPPI RIVER AND SOUTHWEST PASS

DREDGING REGION

35 20 23.23 32 HYDRAULIC DREDGING - GULFPORT HARBOR BAR CHANNEL DREDGING

REGION

35 20 23.26 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM HOPPER DREDGE

-- End of Project Table of Contents --

This is an UNRESTRICTED procurement.

The work consists of furnishing one fully crew ed and equipped self -propelled trailing suction type hopper dredge on a rental basis. Work w ill be performed in the Gulfport Harbor Bar Channel and the Mississippi River Southwest Pass.

Magnitude of Construction: The estimated value of this work is more than $10,000,000.00.

The NAICS Code for this solicitation is 237990, Other Heavy and Civil Engineering Construction, w ith a Small Business size standard of $30,000,000.00.

The bidder must be capable of providing for assignment of the dredge and all attendant plant, complete and in full operating condition in all respects no earlier than 15 February 2020 and no later than 29 February 2020.

The dredge and attendant plant w ill be retained for an approximate number of days according to the tables in paragraph entitled "Conditions of Award" in Section 00010 starting 29 February 2020.

NOTE: All questions in response to this solicitation must be submitted no later than 07 November 2019 at 11:00 AM CST.

X

ANTHONY MAIORE 504-862-1604

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

21-Oct-2019

(RFP)

(IFB)

CALL:

FY 2020 Gulf Coast Regional Hopper Dredge Contract. LA.

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days af ter receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________20 Nov 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIV- CHIEF

CORPS OF ENGINEERS 7400 LEAKE AVENUE

NEW ORLEANS LA 70160-0267

W912P8

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

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

OM-20-300

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W912P820B0003

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

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

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00010 - Bidding Schedule

SECTION 00010 BID SCHEDULE

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING

REQUIREMENTS SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULE

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

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULE

SECTION 00010 - BIDDING SCHEDULE

FY 2020 GULF COAST REGIONAL HOPPER DREDGE CONTRACT

LOUISIANA AND MISSISSIPPI

SOLICITATION NO. W912P820B0003

Item No

Description Estimated Quantity

Unit Unit Price

Estimated Amount

0001 Mobilization and Demobilization for Both Dredging Regions

1 Job

0002 3.5% Mississippi State Tax for Mobilization and Demobilization**

1 Job

Mississippi River and Southwest Pass Dredging Region

Dredge name:

0003 Southwest Pass - Dredging ** Hour

Option

Southwest Pass - Option Dredging

** Hour XXXXXX

Gulfport Harbor Bar Channel Dredging Region

Dredge name:

0005 Gulfport - Dredging** ** Hour

Option

Gulfport - Option Dredging**

** Hour XXXXXX

0007 Gulfport - Sea Turtle/Gulf Sturgeon Trawling**

** Day

Total:

**SEE BID FORM NOTES

1.2 BID FORM NOTES

a. Bidders shall bid on all items including optional items. Failure to bid on all items will result in a non-responsive bid.

b. Bidders shall use the Item Number 0003 unit price to compute Option Item Number 0004 total price and Item Number 0005 unit price to compute Option Item Number 0006 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 "Rejection of Individual Bids" FAR 14.404-2).

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 NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Administrative Contracting Officer or his authorized representative.

Physical work cannot start until the Resident Management 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:

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

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

g. Item Number 0002 is included for the Contractor to cover his cost for the Mississippi State Tax on Mobilization and Demobilization for the Gulfport Harbor Bar Channel Dredging Region. Bidders shall apply the 3.5% tax to one-half of the value of Item Number 0001 "Mobilization and Demobilization for Both Dredging Regions". Bidders are recommended to visit the Mississippi Department of Revenue's website (www.dor.ms.gov/Business/Pages/Construction-Contractors.aspx) for instructions on how to calculate the 3.5% tax the state of Mississippi will impose on work performed in their state. Also, the State of Mississippi will enforce an equipment tax on equipment new to the State of Mississippi. This equipment tax will not be reimbursed by the Government.

h. Item Numbers 0005, 0006 and 0007 shall include an additional 3.5% tax to cover the Mississippi State Tax that the state of Mississippi will impose on work performed in their state. Bidders are recommended to visit the Mississippi Department of Revenue's website (www.dor.ms.gov/Business/Pages/Construction-Contractors.aspx) for instructions on how to calculate the 3.5% tax. Also, the State of Mississippi will enforce an equipment tax on equipment new to the State of Mississippi. This equipment tax will not be reimbursed by the Government.

i. For the Mississippi River and Southwest Pass Dredging Region - Bidders shall indicate the name of the dredge on their bid that they intend to use in this dredging region. For Item Numbers 0003 and 0004, bidders shall insert the appropriate number of hours obtained from the table found in Section 35 20 23.23 30, paragraph entitled "Dredging and Option Dredging Quantities", for the dredge indicated on their bid for this dredging region. In the case of variation between the number of hours shown on the bid and the number of hours shown on the above referenced table, for the dredge indicated on the bid, the Government will correct the bidder's number of hours to correspond with the dredge listed on the bid, and the bid will be evaluated by the corrected computation using the bidder's unit price.

j. For the Gulfport Harbor Bar Channel Dredging Region - Bidders shall indicate the name of the dredge on their bid that they intend to use in this dredging region.

For Item Numbers 0005 and 0006, bidders shall insert the appropriate number of hours obtained from the table found in Section 35 20 23.23 32, paragraph entitled "Quantities", for the dredge indicated on their bid for this dredging region. In the case of variation between the number of hours shown on the bid and the number of hours shown on the above referenced table, for the dredge listed on the bid, the Government will correct the bidder's number of hours to correspond with the dredge listed on the bid, and the bid will be evaluated by the corrected computation using the bidder's unit price.

For Item Number 0007, bidders shall insert the appropriate number of days obtained from the table found in Section 35 20 23.23 32, paragraph entitled "Quantities", for the dredge indicated on their bid for this dredging region. In the case of variation between the number of days shown on the bid and the number of days shown on the above referenced table, for the dredge listed on the bid, the Government will correct the bidder's number of days to correspond with the dredge listed on the bid, and the bid will be evaluated by the corrected computation using the bidder's unit price. This a Not to Exceed (NTE) Cost CLIN and is included because the Government nor the Contractor can adequately predict actual trawling that will be needed at time of award. Actual trawling days shall be coordinated between the COR and contractor and shall not exceed the number of days in the said table. After all work is complete, the contractor shall release the Government from all liabilities and responsibilities under this CLIN that is not utilized to allow for proper de-obligation of funds.

1.3 BIDDING

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

BOTH THE UNIT PRICE AND THE EXTENDED ESTIMATED AMOUNT FOR ANY REQUIRED

ITEM, THE BID WILL BE DECLARED NON-RESPONSIVE.

1.4 EVALUATION OF BIDS

a. Award will be made to that responsible Bidder presenting the lowest-priced responsive bid in response to this solicitation.

b. To provide fair competition between dredges of different production rate and capacity, the required dredging hourly quantities and any optional dredging hourly quantities are based on an estimated quantity of shoal material and on the tested production rate of each dredge class.

c. The hourly quantity shown for Bid Items designated as "Southwest Pass - Dredging", "Southwest Pass - Option Dredging", "Gulfport - Dredging" and "Gulfport - Option Dredging" are 100% pay time hours.

The actual calendar duration of the contract for the Mississippi River and Southwest Pass Dredging Region and the Gulfport Harbor Bar Channel Dredging Region may vary as a result of fractional pay time. Refer to Sections 35 20 23.23 30 and 35 20 23.23 32, 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 or 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 dredge and attendant plant will be retained for an approximate number of days according to the tables below starting 29 February 2020.

If the Contractor is instructed to cease dredging at a dredging region before the work has been completed, the contract duration clock stops when the dredge ceases dredging at that location. The contract duration clock will resume when the Contractor recommences dredging at that location.

APPROXIMATE CONTRACT DURATION TABLE FOR

MISSISSIPPI RIVER AND SOUTHWEST PASS DREDGING REGION

Dredge Name Pump Inside Dia.

(inches)

Hopper Size

(Cubic Yards)

Number of

Dragarms

Approximate Number of Rental

Days for Item No.

Approximate Number of Rental Days for Option

Item No.

Ellis Island 34 14,788 2 67 67

Glenn Edwards 38 12,430 2 69 69

Stuyvesant 33.5 9,400 2 85 85

Terrapin Island 33.5 6,300 2 99 99

Magdalen 39.37 8,300 1 105 105

Liberty Island 31.5 6,540 2 109 109

Bayport 30 4,815 2 111 111

Lindholm 28 4,000 2 118 118

Dodge Island 27 3,600 2 131 131

Padre Island 27 3,600 2 131 131

Newport 26 4,000 2 142 142

RN Weeks 27 3,700 2 147 147

Note: The number of rental time hours associated with each dredge on the table found in Section 35 20 23.23 30, paragraph entitled "Dredging and Option Dredging Quantities", are estimated quantities.

APPROXIMATE CONTRACT DURATION TABLE FOR

GULFPORT HARBOR BAR CHANNEL DREDGING REGION

Dredge Name Pump Inside Dia.

(inches)

Hopper Size

(Cubic Yards)

Number of

Dragarms

Approximate Number of Rental

Days for Item No.

Approximate Number of Rental Days for Option

Item No.

Ellis Island 34 14,788 2 23 23

Glenn Edwards 38 12,430 2 23 23

Stuyvesant 33.5 9,400 2 26 26

Terrapin Island 33.5 6,300 2 29 29

Dredge Name Pump Inside Dia.

(inches)

Hopper Size

(Cubic Yards)

Number of

Dragarms

Approximate Number of Rental

Days for Item No.

Approximate Number of Rental Days for Option

Item No.

Magdalen 39.37 8,300 1 30 30

Liberty Island 31.5 6,540 2 31 31

Bayport 30 4,815 2 32 32

Lindholm 28 4,000 2 33 33

Dodge Island 27 3,600 2 36 36

Padre Island 27 3,600 2 36 36

Newport 26 4,000 2 38 38

RN Weeks 27 3,700 2 39 39

Columbia 28 4,350 1 45 45

Note: The number of rental time hours associated with each dredge on the table found in Section 35 20 23.23 32, paragraph entitled "Quantities", are estimated quantities.

d. The bidder must be capable of providing for assignment of the dredge and all attendant plant, complete and in full operating condition in all respects no earlier than 15 February 2020 and no later than 29 February 2020.

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 in writing that its dredge meets the appropriate production rate, as listed in the Mississippi River and Southwest Pass Dredging Region.

The dredge must perform at or above the listed production rate(s) at least 85% of the time, as established by other contracts completed within ten years prior to the bid opening date of this solicitation.

Failure to establish an adequate capability 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 certify in writing that the dredge and attendant plant is not already obligated for the performance of other work that 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)

SECTION 00010 Page 10 database in accordance with FAR 52.204-7.

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, 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 prior to completion of all authorized work.

b. No additional mobilization/demobilization will be paid to the Contractor for Option Item work performed within the work regions.

PART 2 PRODUCTS

(Not Used)

PART 3 EXECUTION

(Not Used)

-- End of Section --

SECTION 00100 Page 12

Section 00100 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 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 52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.217-4 Evaluation Of Options Exercised At The Time Of Contract Award

JUN 1988

52.222-12 Contract Termination-Debarment MAY 2014 52.232-13 Notice Of Progress Payments APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(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).

SECTION 00100 Page 13

(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, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

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.

SECTION 00100 Page 14

(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 (FFP) contract resulting from this solicitation.

(End of provision)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed .

(End of clause)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

SECTION 00100 Page 15

(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(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

SECTION 00100 Page 16

(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 Harrison County, Gulfport, Mississippi; and Plaquemines Parish, Louisiana

(End of provision)

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

SECTION 00100 Page 17

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

U.S. Army Corps of Engineers, New Orleans District ATTN: CEMVN-CT-E, Ms. Cynthia (Cindy) Hall, Deputy Chief, Contracting 7400 Leake Avenue New Orleans, Louisiana 71108-3657

(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 W. Crumholt Address: USACE New Orleans District, 7400 Leake Avenue, New Orleans LA, 70118 Email: Kenneth.w.crumholt@usace.army.mil

SECTION 00100 Page 18

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://www.acq.osd.mil/dpap/ http://www.acq.osd.mil/dpap/dfarspgi/current/index.html (End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

beta.SAM.gov Page 1 of 8 https://beta.sam.gov/wage-determination/LA20190007/0/document 10/18/2019

"General Decision Number: LA20190007 01/04/2019

Superseded General Decision Number: LA20180011

State: Louisiana

Construction Type: Heavy Dredging

Counties: Louisiana Statewide.

DREDGING PROJECTS ALONG THE GULF COAST AREA INCLUDING THE

MISSISSIPPI RIVER AND ITS TRIBUTARIES TO THE OHIO RIVER

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded

(and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

beta.SAM.gov Page 2 of 8

Modification Number Publication Date

0 01/04/2019

* SULA1994-001 04/01/1994

Rates Fringes

Derrick Operator.................$ 7.25

Dozer Operator...................$ 7.25

Dredge 16"" and Over

Deckhand....................$ 7.25

Dredge tender operator......$ 7.25

Fireman.....................$ 7.25

First assistant engineer....$ 7.25

Leverman....................$ 7.25

Oiler.......................$ 7.25

Second assistant engineer...$ 7.25

Shoreman....................$ 7.25

Third assistant engineer....$ 7.25

Truck driver................$ 7.25

Welder......................$ 7.25

Dredge Under 16""

Deckhand....................$ 7.25

Dredge tender operator......$ 7.25

Leverman....................$ 7.25

Oiler.......................$ 7.25

Welder......................$ 7.25

Hydraulic Dredging

First cook..................$ 7.25

Handyman....................$ 7.25

Janitor, cabin person.......$ 7.25

Second cook.................$ 7.25

Marsh Buggy Dragline, Oiler......$ 7.25

Marsh Buggy Dragline, Operator...$ 7.25 beta.SAM.gov Page 3 of 8

Self-Propelled Hopper Dredge, Drag Tender......................$ 9.70 3.45+a

FOOTNOTE: Fourteen paid vacation days and eight paid holidays: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving

Day & Christmas Day provided the employee has one year of service.

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

beta.SAM.gov Page 4 of 8

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or

""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that beta.SAM.gov Page 5 of 8 classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based.