W912P820B00012 Solicitation Package .pdf

OM 20-009

IFB NO. W912P820B0012

US Army Corps of Engineers New Orleans District

Mississippi River, Baton Rouge to Gulf of Mexico

Southwest Pass Hopper Dredge Rental Contract No. 9 -2020 Plaquemines Parish, Louisiana

Construction Solicitation and Specifications

November 14, 2019

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

7400 LEAKE AVENUE

NEW ORLEANS, LOUISIANA 70118

OM-20-009

REPLY TO

13 NOV 2019

ATTENTION OF

SOLICITATION: W912P820B0012

UNRESTRICTED

FOR: Mississippi River, Baton Rouge to Gulf of Mexico, Southwest Pass Hopper Dredge Rental Contract No. 9- 2020, Plaquemines Parish, Louisiana (OM-20-009)

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

I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL OPPORTUNITY

CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

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

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

III. 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 at the Mississippi River SWP Area and possibly in other areas of the New Orleans District and in areas of both the Galveston and Mobile Districts.

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.

ALL INQUIRIES REGARDING THIS SOLICITATION

SHOULD BE MADE TO THE FOLLOWING:

Diana W. Robinson

AND/ OR

Kimberly R. Scheider

CONTRACT SPECIALISTS

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

E‐MAILS: Diana.W.Robinson@USACE.ARMY.MIL

PHONE: (504) 862‐1494

AND/OR

Kimberly.R.Schneider@USACE.ARMY.MIL

PHONE: (504) 862‐1255

COLLECT CALLS NOT ACCEPTED

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

E‐MAIL.

OM20009

PROJECT TABLE OF CONTENTS Page 1

Mississippi River Southwest Pass Hopper Rental Contract 9-2020

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 57 20.00 10 ENVIRONMENTAL PROTECTION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23.23 HYDRAULIC DREDGING

35 20 23.26 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM HOPPER DREDGE

-- End of Project Table of Contents --

(See ).

SOLICITATION, OFFER,

AND AWARD

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

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE 8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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.

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

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

calendar days and complete it within calendar days after receiving

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

W912P820B0012

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

New Orleans, LA 70118-3651

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

Mississippi River, Baton Rouge to Gulf of Mexico, Southwest Pass Hopper Dredge Rental Contract No. 09-2020, Plaquemines Parish, Louisiana (OM-20-009).

This is an UNRESTRICTED procurement.

Estimated value is between $5,000,000.00 and $10,000,000.00.

The Contractor will furnish on fully crewed and equipped self-propelled trailing suction type hopper dredge on a rental basis. Work will be performed at the Mississippi River SWP Area and possibly in other areas of the New Orleans District and in areas of both Galveston and Mobile Districts.

Subject to the Availability of Funds FAR 52.232-18

Funds are not presently available for this acquisition. No contract award will be made until appropriate funds are made available.

** BID OPENING TO BE ESTABLISHED BY AMENDMENT

* See Paragraph 00010-1.5"

U.S. Army Engineer District, New Orleans Attn: CEMVN-CT-E 7400 Leake Ave., Room 172 New Orleans, LA 70118

a. NAME

Diana W. Robinson

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

(504) 862-1494

6. PROJECT NUMBER

OM-20-009

1 211/13/2019

1(one)

00800-3.2

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

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

USACE, New Orleans Area Office 7400 Leake Avenue New Orleans, LA 70118

US ARMY CORPS OF ENGR FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

Mississippi River Southwest Pass Hopper Rental Contract 9-2020 OM20009

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULES

1.2 BID FORM NOTES

1.3 BIDDING

1.4 EVALUATION OF BIDS

1.5 CONDITIONS OF CONTRACT AWARD

1.6 BIDDER QUALIFICATIONS

1.7 PRE-AWARD INSPECTION OF PLANT

1.8 OPTION ITEMS

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 00010 Page 1

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULES

SECTION 00010 - BIDDING SCHEDULE

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 9-2020

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P820B0012

LOT ONE (Ellis Island), 34 inch Inside Diameter (ID) Pump Suction, 14,788 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

683 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

683 Hour XXXXXXXX

Total: LOT ONE BID

SECTION 00010 Page 2

SECTION 00010 - BIDDING SCHEDULE

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 9-2020

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P820B0012

LOT TWO (Glenn Edwards), 38 inch Inside Diameter (ID) Pump Suction, 12,430 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

713 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

713 Hour XXXXXXXX

Total: LOT TWO BID

SECTION 00010 Page 3

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 9-2020

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P820B0012

LOT THREE (Stuyvesant), 33.5 inch Inside Diameter (ID) Pump Suction, 9,400 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

940 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

940 Hour XXXXXXXX

Total: LOT THREE BID

SECTION 00010 Page 4

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 9-2020

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P820B0012

LOT FOUR (Terrapin Island), 33.5 inch Inside Diameter (ID) Pump Suction, 6,300 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1149 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1149 Hour XXXXXXXX

Total: LOT FOUR BID

SECTION 00010 Page 5

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 9-2020

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P820B0012

LOT FIVE (Magdalen), 39.37 inch Inside Diameter (ID) Pump Suction, 8,300 cubic yard Nominal Hopper Capacity, One Dragarm and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1233 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1233 Hour XXXXXXXX

Total: LOT FIVE BID

SECTION 00010 Page 6

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 9-2020

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P820B0012

LOT SIX (Liberty Island), 31.5 inch Inside Diameter (ID) Pump Suction, 6,540 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1287 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1287 Hour XXXXXXXX

Total: LOT SIX BID

SECTION 00010 Page 7

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 9-2020

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P820B0012

LOT SEVEN (Bayport), 30 inch Inside Diameter (ID) Pump Suction, 4,815 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1321 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1321 Hour XXXXXXXX

Total: LOT SEVEN BID

SECTION 00010 Page 8

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 9-2020

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P820B0012

LOT EIGHT (BE Lindholm), 28 inch Inside Diameter (ID) Pump Suction, 4,000 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1419 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1419 Hour XXXXXXXX

Total: LOT EIGHT BID

SECTION 00010 Page 9

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 9-2020

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P820B0012

LOT NINE (Dodge Island, Padre Island), 27 inch Inside Diameter (ID) Pump Suction, 3,600 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1601 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1601 Hour XXXXXXXX

Total: LOT NINE BID

SECTION 00010 Page 10

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 9-2020

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P820B0012

LOT TEN (Newport), 26 inch Inside Diameter (ID) Pump Suction, 4,000 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1762 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1762 Hour XXXXXXXX

Total: LOT TEN BID

SECTION 00010 Page 11

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 9-2020

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P820B0012

LOT ELEVEN (RN Weeks), 27 inch Inside Diameter (ID) Pump Suction, 3,700 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1844 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1844 Hour XXXXXXXX

Total: LOT ELEVEN BID

SECTION 00010 Page 12

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 0002 unit price to compute Item Number 0003 total price.

c. Any bid may be rejected if the Contracting Officer or his/her authorized representative determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the bid, but the prices for individual line items as well.

Any bid may be rejected if the prices for any line items or subline items are materially unbalanced (see "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 Quality Control System is set-up, the Accident Prevention Program and other required submittals have been submitted and approved, and all preliminary meetings called for under the contract have been conducted.

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

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".

1.3 BIDDING

a. The bidder must select only one bid lot, determined by the class of dredge intended to be used. Bids which are submitted on an inappropriate bid lot will be declared non-responsive.

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

ESTIMATED AMOUNT FOR ANY REQUIRED ITEM, THE BID WILL BE DECLARED

NON-RESPONSIVE.

1.4 EVALUATION OF BIDS

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

SECTION 00010 Page 13

b. Award will be made to that responsible Bidder presenting the lowest-priced responsive bid in response to this solicitation, regardless of the bid lot used.

c. The hourly quantity shown on the bid lots for Bid Items designated as "Dredging" are 100% pay time hours. The actual calendar duration of the contract may vary as a result of fractional pay time. Refer to Section 35 20 23.23, paragraph entitled "Dredging and Option Dredging Items" for additional information.

1.5 CONDITIONS OF CONTRACT AWARD

a. Award will be made as a whole to one bidder. The dredge and attendant plant offered in the bidding schedule shall be complete with full operating personnel and in operating status for the contract period. EM 385-1-1, Section 19, "Floating Plant and Marine Activities" shall be complied with at all times. NOTE: All work under these specifications shall be performed in accordance with the provisions of EM 385-1-1 "Army Corps 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 number of rental time hours for each bid lot of the bidding schedule are estimated quantities. The dredge and attendant plant will be retained for an approximate number of days according to the table below starting no later than 120 hours after receipt of Notice to Proceed by the Contractor.

SECTION 00010 Page 14

APPROXIMATE HOPPER DREDGE

CONTRACT DURATION

(BASE PLUS OPTION)

Bid Lot Pump Inside Dia. (inches)

Hopper Size (Cubic Yards)

Number of Dragarms

Approximate Number of Rental Days

1 34 14788 2 103

2 38 12430 2 105

3 33.5 9400 2 126

4 33.5 6300 2 145

5 39.37 8300 1 153

6 31.5 6540 2 158

7 30 4815 2 161

8 28 4000 2 170

9 27 3600 2 187

10 26 4000 2 202

11 27 3700 2 209

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, within 120 hours after receipt of Notice to Proceed by the Contractor.

1.6 BIDDER QUALIFICATIONS

a. Before the Government will award a contract based on this solicitation, the apparent low bidder shall establish that it is responsible and entitled to award of the contract, by certifying that its dredge meets the appropriate production rate, as listed in the table of Section 35 20 23.23, paragraph entitled "Dredge Plant". The dredge must perform at or above the listed production rate at least 85% of the time, as established by other contracts completed within three 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 also show 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

SECTION 00010 Page 15 specifications.

c. Bidders must register in the System for Award Management (SAM) 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. If the Government activates the Option Item, the activation will occur while the Contractor's equipment is in the work vicinity as described in the applicable Dredging Region Section(s). If "Option Dredging" Item work is exercised, it shall be performed as a continuance of "Dredging" Item work, which shall be activated first.

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

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 00010 Page 16

Section 00100 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-22 Alternative Line Item Proposal JAN 2017 52.214-4 False Statements In Bids APR 1984 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.232-13 Notice Of Progress Payments APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.

(End of provision)

52.214-5 SUBMISSION OF BIDS (DEC 2016)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

Mississippi River Southwest Hopper Rental Contract 9-2020 OM20009

(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

(End of provision)

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price contract resulting from this solicitation.

(End of provision)

52.217-5 EVALUATION OF OPTIONS (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 the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(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 Notice to Contractors See Notice to Contractors

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 Plaquemines Parish, Louisiana

(End of provision)

NOTICE TO CONTRACTORS:

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

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

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

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

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

SOLICITATION PROVISION

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

The Bidder's attention is called to "EQUAL OPPORTUNITY" and "LOCAL AFFIRMATIVE ACTION PLAN" clauses of the contract.

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

Timetables Goals for Minority Participation for Each Trade

Goals for Female Participation in Each Trade

Indefinitely 20%-23 % 6.9%

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

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

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

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

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

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

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

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

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

James*** Parishes, Louisiana.

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

(d) "Minority" means Negro, Spanish-surnamed American, Oriental, and American Indian, and includes both men and women.

Area covered is east of the Illinois Central Railroad.

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

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

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY (APRIL 1984)

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

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

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

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

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in the geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed.

Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Program office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract. Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

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

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

(i) Employer identification number of the subcontractor;

(2) Estimated dollar amount of the subcontract;

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

and

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

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

Standard Metropolitan Statistical Area (SMSA) Counties:

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

5560 New Orleans, LA ------------------------------------------------------------ - - 31.0% LA Jefferson; LA Orleans; LA St. Bernard; LA St. Tammany Non-Standard Metropolitan Statistical Area (Non-SMSA) Counties ------------------------------------------------------------ - - 27.7% LA Assumption; LA Lafourche; LA Plaquemines; LA St. Charles;

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

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

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

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

SUBCONTRACTING

Small Business %

Small Disadvantaged % Business

Women-Owned % Business

HUBZone Small % Business

Service-Disabled % Veteran Business

NOTE: The above figures are subject to change

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.

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 ann an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from. Ione M.

Cataldo, Contracting Officer, U. S. Army Corps of Engineers, ATTN: CEMVN-CT-E, 7400 Leake Avenue, New Orleans, LA 70118-3651, facsimile (504) 862-2889.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the

GAO.

(End of provision)

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

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Mr. Charles Freeman, Area Engineer, New Orleans Area Office Address: 7400 Leake Avenue, New Orleans, LA 70118-3651

Telephone: 504-862-1554

(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

(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.

Section 00600 - Reps and Certs

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

AUG 2019

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is 30,000,000.00.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the 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…