W912P825B0032 Solicitation.pdf

IFB NO. WP912P825B0032

US Army Corps of Engineers New Orleans District

Mississippi River, New Orleans Harbor and Various Bar Channels Cutterhead Dredge Rental

No. 3-2025

Construction Solicitation and Specifications

13 March 2025

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

7400 LEAKE AVE

NEW ORLEANS LA 70118-3651

13 March 2025 SOLICITATION: W912P825B0032

UNRESTRICTED

FOR: Mississippi River, New Orleans Harbor and Various Bar Channels, Cutterhead Dredge Rental No. 3-2025, Orleans and Jefferson Parishes, Louisiana (OM25032)

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.

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.

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

SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS IN BIDS

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

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of furnishing one fully crewed and equipped hydraulic pipeline cutterhead dredge on a rental basis for the subject contract. Work will be performed in the New Orleans Harbor Reach of the Mississippi River, Various Bar Channels, and adjacent lock forebays of the Gulf Intracoastal Waterway.

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 VERSION.

b2cteblr Highlight b2cteblr Highlight

ALL INQUIRIES REGARDING THIS SOLICITATION

SHOULD BE MADE TO THE FOLLOWING:

Cori A. Caimi

AND/OR

Bambi Raja

CONTRACT SPECIALISTS

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

E‐MAILS: Cori.A.Caimi@USACE.ARMY.MIL

PHONE: (504) 862-1352

AND/OR

Bambi.L.Raja@usace.army.mil

PHONE: (504) 862‐1499

COLLECT CALLS NOT ACCEPTED

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

E‐MAIL

Mississippi River, New Orleans Harbor and Various Bar Channels Cutterhead Dredge No.

3-2025. Specification No. OM25032

The w ork consists offurnishing one fully crew ed and equipped hydraulic pipeline cutterhead dredge. Work w ill be performed in the New Orleans Harbor Reach of the Mississippi River, adjacent lock forebays of the Gulf Intracoastal Waterw ay, Bayou Lafourche, Baptiste Collette, Houma Navigation Canal, and Barataria Bar Channel.

This is an Unrestricted Procurement.

This Solicitation will be opened by Amendment.

X

BAMBI L RAJA 504-862-1499

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

31-Mar-2025

(RFP)

(IFB)

CALL:

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)

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 __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (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-PROJ EAST BR

CORPS OF ENGINEERS 7400 LEAKE AVENUE

NEW ORLEANS LA 70118-3651

W912P8

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

11. The Contractor shall begin performance w ithin ___ 5___ calendar days and complete it w ithin *** calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _0_0_0_1_0_-_1._4_________________ .)

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912P825B0032 43

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

Miss R, New Orleans Harbor and Various Bar Channels Cutterhead OM25032

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 57 20.00 10 ENVIRONMENTAL PROTECTION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 01 50.73 SURVEYS

35 20 23.23 HYDRAULIC DREDGING

35 20 23.23 07 HYDRAULIC DREDGING – NEW ORLEANS HARBOR DREDGING REGION

35 20 23.23 08 HYDRAULIC DREDGING – ALGIERS, IHNC, AND HARVEY LOCK

FOREBAYS DREDGING REGION

35 20 23.23 15 HYDRAULIC DREDGING – BAYOU LAFOURCHE DREDGING REGION

35 20 23.23 16 HYDRAULIC DREDGING – BAPTISTE COLLETTE BAR CHANNEL DREDGING

REGION

35 20 23.23 18 HYDRAULIC DREDGING – HOUMA NAVIGATION CANAL DREDGING REGION

35 20 23.23 19 HYDRAULIC DREDGING – BARATARIA BAY WATERWAY BAR CHANNEL

DREDGING REGION

35 20 23.33 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM PIPELINE

HYDRAULIC DREDGE

-- End of Project Table of Contents --

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULES

1.1.1 Bid Form Notes

1.2 BIDDING

1.3 EVALUATION OF BIDS

1.4 CONDITIONS OF CONTRACT AWARD

1.5 BIDDER QUALIFICATIONS

1.6 PRE-AWARD INSPECTION OF PLANT

1.7 OPTION ITEMS

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 00010 Page 1

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULES

SECTION 00010 - BIDDING SCHEDULE

MISSISSIPPI RIVER, NEW ORLEANS HARBOR AND VARIOUS BAR CHANNELS

CUTTERHEAD DREDGE NO. 3-2025

ORLEANS, JEFFERSON, TERREBONNE, PLAQUEMINES, AND LAFOURCHE PARISHES, LA

SOLICITATION NO. W912P825B0032

LOT ONE, 27 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITHOUT SUBMERGED PUMP

Bid Item

DESCRIPTION Estimated Quantity

Unit Unit Price

Total Price

0001 MOBILIZATION AND

DEMOBILIZATION

1 JOB

0002 NOH DREDGING 792 HOUR

Option

NOH OPTION DREDGING 792 HOUR XXXXXXXX

0004 DREDGE TOWING SERVICE 30 MILE

0005 PREPARATORY WORK FOR

HOUMA NAVIGATION CANAL

DREDGING REGION

1 JOB

0006 HOUMA DREDGING 158 HOUR

Option

HOUMA OPTION DREDGING 158 HOUR XXXXXXXX

0008 PREPARATORY WORK FOR

BAYOU LAFOURCHE

DREDGING REGION

1 JOB

0009 BAYOU LAFOURCHE

DREDGING

126 HOUR

SECTION 00010 Page 2

Bid Item

DESCRIPTION Estimated Quantity

Unit Unit Price

Total Price

Option

BAYOU LAFOURCHE OPTION

DREDGING

126 HOUR XXXXXXXX

0011 PREPARATORY WORK FOR

BARATARIA BAR DREDGING

REGION

1 JOB

0012 BARATARIA BAR DREDGING 137 HOUR

Option

BARATARIA BAR OPTION

DREDGING

137 HOUR XXXXXXXX

0014 PREPARATORY WORK FOR

BAPTISTE COLLETTE

DREDGING REGION

1 JOB

0015 BAPTISTE COLLETTE

DREDGING

142 HOUR

Option

BAPTISTE COLLETTE

OPTION DREDGING

142 HOUR XXXXXXXX

Option

BIRD NESTING

PREVENTION AND

AVOIDANCE MEASURES

41 DAY

TOTAL: LOT ONE BID

*SEE BID FORM NOTES FOLLOWING LAST BID LOT

SECTION 00010 Page 3

Bid Lot One, continued

SECTION 00010 - BIDDING SCHEDULE

MISSISSIPPI RIVER, NEW ORLEANS HARBOR AND VARIOUS BAR CHANNELS

CUTTERHEAD DREDGE NO. 3-2025

ORLEANS, JEFFERSON, TERREBONNE, PLAQUEMINES, AND LAFOURCHE PARISHES, LA

SOLICITATION NO. W912P825B0032

LOT TWO, 30 IN. OR GREATER INSIDE DIAMETER (ID) PUMP DISCHARGE WITHOUT

SUBMERGED PUMP

Bid Item DESCRIPTION Estimated Quantity

Unit Unit Price

Total Price

0001 MOBILIZATION AND

DEMOBILIZATION

1 JOB

0002 NOH DREDGING 551 HOUR

Option

NOH OPTION DREDGING 551 HOUR XXXXXXXX

0004 DREDGE TOWING SERVICE 30 MILE

0005 PREPARATORY WORK FOR

HOUMA NAVIGATION

CANAL DREDGING REGION

1 JOB

0006 HOUMA DREDGING 110 HOUR

Option

HOUMA OPTION DREDGING 110 HOUR XXXXXXXX

0008 PREPARATORY WORK FOR

BAYOU LAFOURCHE

DREDGING REGION

1 JOB

0009 BAYOU LAFOURCHE

DREDGING

97 HOUR

Option

BAYOU LAFOURCHE

OPTION DREDGING

97 HOUR XXXXXXXX

0011 PREPARATORY WORK FOR

BARATARIA BAR

DREDGING REGION

1 JOB

SECTION 00010 Page 4

Bid Item DESCRIPTION Estimated Quantity

Unit Unit Price

Total Price

0012 BARATARIA BAR DREDGING 111 HOUR

Option

BARATARIA BAR OPTION

DREDGING

111 HOUR XXXXXXXX

0014 PREPARATORY WORK FOR

BAPTISTE COLLETTE

DREDGING REGION

1 JOB

0015 BAPTISTE COLLETTE

DREDGING

109 HOUR

Option

BAPTISTE COLLETTE

OPTION DREDGING

109 HOUR XXXXXXXX

Option

BIRD NESTING

PREVENTION AND

AVOIDANCE MEASURES

32 DAY

TOTAL: LOT TWO BID

*SEE BID FORM NOTES FOLLOWING LAST BID LOT

SECTION 00010 Page 5

Bid Lot Two, continued

SECTION 00010 - BIDDING SCHEDULE

MISSISSIPPI RIVER, NEW ORLEANS HARBOR AND VARIOUS BAR CHANNELS

CUTTERHEAD DREDGE NO. 3-2025

ORLEANS, JEFFERSON, TERREBONNE, PLAQUEMINES, AND LAFOURCHE PARISHES, LA

SOLICITATION NO. W912P825B0032

LOT THREE, 30 IN. OR GREATER INSIDE DIAMETER (ID) PUMP DISCHARGE WITH

SUBMERGED PUMP

Bid Item DESCRIPTION Estimated Quantity

Unit Unit Price

Total Price

0001 MOBILIZATION AND

DEMOBILIZATION

1 JOB

0002 NOH DREDGING 343 HOUR

Option

NOH OPTION DREDGING 343 HOUR XXXXXXXX

0004 DREDGE TOWING SERVICE 30 MILE

0005 PREPARATORY WORK FOR

HOUMA NAVIGATION

CANAL DREDGING REGION

1 JOB

0006 HOUMA DREDGING 87 HOUR

Option

HOUMA OPTION DREDGING 87 HOUR XXXXXXXX

0008 PREPARATORY WORK FOR

BAYOU LAFOURCHE

DREDGING REGION

1 JOB

0009 BAYOU LAFOURCHE

DREDGING

86 HOUR

Option

BAYOU LAFOURCHE

OPTION DREDGING

86 HOUR XXXXXXXX

0011 PREPARATORY WORK FOR

BARATARIA BAR

DREDGING REGION

1 JOB

SECTION 00010 Page 6

Bid Item DESCRIPTION Estimated Quantity

Unit Unit Price

Total Price

0012 BARATARIA BAR DREDGING 89 HOUR

Option

BARATARIA BAR OPTION

DREDGING

89 HOUR XXXXXXXX

0014 PREPARATORY WORK FOR

BAPTISTE COLLETTE

DREDGING REGION

1 JOB

0015 BAPTISTE COLLETTE

DREDGING

87 HOUR

Option

BAPTISTE COLLETTE

OPTION DREDGING

87 HOUR XXXXXXXX

Option

BIRD NESTING

PREVENTION AND

AVOIDANCE MEASURES

26 DAY

TOTAL: LOT THREE BID

*SEE BID FORM NOTES FOLLOWING LAST BID LOT

SECTION 00010 Page 7

Bid Lot Three, continued

1.1.1 Bid Form Notes

a. The dredge and attendant plant must be able to operate in river stages above 12 feet at the New Orleans (Carrollton) gage, if necessary. Therefore, by bidding on this solicitation, the Contractor is certifying that its dredge meets this requirement.

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

c. Bidders shall use the Bid Item No. 0002 unit price to compute Option Bid Item No. 0003 total price, Bid Item No. 0006 unit price to compute Option Bid Item No. 0007 total price, Bid Item No. 0009 unit price to compute Option Bid Item No. 0010 total price, Bid Item No.

0012 unit price to compute Option Bid Item No. 0013 total price, and Bid Item No. 0015 unit price to compute Option Bid Item No. 0016 total price.

d. 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).

e. THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442 after Notice of Award. The NTP will be issued after verification of acceptable performance and payment bonds. Within 48 hours after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Administrative Contracting Officer or his/her 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.

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

www.mvn.usace.army.mil/Business-With-Us/Contracting/Rapid-Vendor-Payment.aspx

g. "JOB" is synonymous with the previously used term "lump sum".

h. Bidders shall select the bid lot determined by the dredge discharge size. The dredge discharge size is considered to be the least inside diameter of the following: the main pump discharge, the submerged pump discharge, the booster pump discharge, or the discharge pipeline.

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

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

(1) Bidders shall furnish in their bid package a completed

SECTION 00010 Page 8

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

(2) Upon receipt of the apparent low bidder's completed "Cutterhead Dredge and Attendant Plant Data Sheet" for the dredge plant that is intended to perform work under this solicitation, the "Cutterhead Dredge and Attendant Plant Data Sheet" will be evaluated to ensure that the dredge meets the equipment requirements as stated in Section 35 20 23.23, paragraph entitled "Size and Equipment of Dredge Plant".

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

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

1.2 BIDDING

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

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

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

NON-RESPONSIVE.

SECTION 00010 Page 9

1.3 EVALUATION OF BIDS

a. To provide fair competition between dredges of dissimilar sizes and production rates, the hourly dredging quantities have been determined based on the estimated quantity of shoal material to be removed and the nominal production rate of the dredge in each bid lot. The production rates shown in the chart in the paragraph entitled "Minimum Production Rate Requirements" located in the Dredging Region Section(s) were used to make this determination.

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

c. Award will be made to that responsible bidder presenting the lowest priced responsive bid in response to this solicitation, regardless of the Bid Lot used.

d. The hourly quantities for the Dredging and Option Dredging Items shown on the bid lots are 100% pay time hours. The actual 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.

1.4 CONDITIONS OF CONTRACT AWARD

a. Award will be made as a whole to one bidder. The dredge and attendant plant offered in the bidding schedule shall be complete with full operating personnel and in operating status for the contract period. EM 385-1-1, Chapter 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 "Safety and Occupational Health Requirements", latest edition.

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

c. The number of hours stated in the bidding schedule is an estimated quantity. The dredge and attendant plant will be retained for an approximate number of days shown in the table below starting no later than 120 hours after issuance of the Notice to Proceed.

SECTION 00010 Page 10

APPROXIMATE DREDGE

CONTRACT DURATION

Bid Lot

Approx.

Number of Days for Item

Approx.

Number of Days for

Option Item

Approx.

Number of Days for Item

Approx.

Number of Days for

Option Item

Approx.

Number of Days for Item

Approx.

Number of Days for

Option Item

Approx.

Number of Days for Item

Approx.

Number of Days for

Option Item

Approx.

Number of Days for Item

Approx.

Number of Days for

Option Item

1 53 53 12 12 11 11 11 11 11 11

2 41 41 10 10 9 9 10 10 10 10

3 31 31 9 9 9 9 9 9 9 9

The time required for completion of the contract shall be established as the sum of the calendar days listed in the columns entitled "Approx.

Number of Days for Item 0002", "Approx. Number of Days for Item 0006", "Approx. Number of Days for Item 0009", "Approx. Number of Days for Item 0012", and "Approx. Number of Days for Item 0015" for the applicable bid lot. In the event all Option Items are fully exercised under the terms of the contract, the time required for completion of the contract shall be extended by the sum of the calendar days listed in the columns entitled "Approx. Number of Days for Option Item 0003", "Approx. Number of Days for Option Item 0007, "Approx. Number of Days for Option Item 0010", "Approx. Number of Days for Option Item 0013", and "Approx. Number of Days for Option Item 0016" for the applicable bid lot. In the event an Option Item is partially exercised, the contract completion date shall be extended using the following formula:

[(partial option hours exercised)/(option hours listed in bid schedule for applicable bid lot)] x calendar days listed in the column entitled "Approx. Number of Contract Days for Option Item 0003" (or whichever Option Item is applicable) for the applicable bid lot

d. The bidder shall be capable of providing for assignment of the dredge and all attendant plant, complete and in full operating condition in all respects, and to commence dredging no later than 120 hours after issuance of the Notice to Proceed.

1.5 BIDDER QUALIFICATIONS

a. Before the Government will award a contract based on this solicitation, the apparent low bidder shall establish that it is responsible and entitled to award of the contract. The Contractor must establish responsibility by providing sufficient documentation for review and approval that its dredge meets the appropriate production rate for the dredging region, as listed in the chart in the paragraph entitled "Minimum Production Rate Requirements" located in the Dredging Region Section(s). The Contractor must prove that the proposed dredge has performed at, or above, the listed production rate for a minimum of

SECTION 00010 Page 11

30 days on a single contract within three years prior to the bid opening date of this solicitation. Failure to establish the dredge's capability to meet the required production rate will result in a finding of non-responsibility.

b. A bidder may be rejected as non-responsible if it cannot show the necessary capital, experience, or equipment needed to perform the work described under this solicitation (see "Responsible Prospective Contractors" FAR Subpart 9.1). The bidder must also show that the dredge and attendant plant are not already obligated for the performance of other work which would delay commencement, performance, and completion of the solicited work, and must show that delivery of the dredge and attendant plant to the site of work can be made within the time allowed in the specifications.

c. Bidders must register in the System for Award Management (SAM) database in accordance with FAR 52.204-7-OCT 2018.

1.6 PRE-AWARD INSPECTION OF PLANT

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

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

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

1.7 OPTION ITEMS

a. The Government may require the delivery of, in whole or part, any Option Items. The Government may exercise an Option Item by written notice to the Contractor at any time after Notice to Proceed and up to three calendar days prior to the estimated completion date of the base line item or any previously exercised option. If the Government activates the Option Item, the activation will occur while the Contractor's equipment is in the work vicinity as described in the applicable Dredging Region Section(s). If Option Dredging Item work is exercised, it shall be performed as a continuance of Dredging Item work, which shall be activated first.

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

SECTION 00010 Page 12

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 13

BID BOND

(See instructions on reverse)

OMB Control Number: 9000-0045 Expiration Date: 8/31/2025

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

STATE OF INCORPORATION

SURETY(IES) (Name and business address)

PERCENT

OF BID

PRICE

PENAL SUM OF BOND

AMOUNT NOT TO EXCEED

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

BID IDENTIFICATION

BID DATE INVITATION NUMBER

PRINCIPAL

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1. 2.

2.

3.

3.

(Seal) (Seal) (Seal) Corporate Seal

INDIVIDUAL SURETY(IES)

SIGNATURE(S)

NAME(S)

(Typed)

1.

1.

2.

2.

(Seal) (Seal)

CORPORATE SURETY(IES)

S U

R E

T Y

A

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is NOT usable

STANDARD FORM 24 (REV. 8/2016)

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

FOR (Construction, Supplies or Services)

OBLIGATION:

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

CONDITIONS:

The Principal has submitted the bid identified above.

THEREFORE:

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

Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the Government.

Notice to the surety(ies) of extension(s) is waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid.

WITNESS:

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

DATE BOND EXECUTED (Must not be later than bid opening date)

Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number. The OMB control number for this collection is 9000-0045. We estimate that it will take 1 hour to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405.

JOINT VENTURE

OTHER (Specify)

PARTNERSHIPINDIVIDUAL

CORPORATION

INSTRUCTIONS

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

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

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

4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitations listed therein. The value put into the LIABILITY LIMIT block is the penal sum (i.e., the face value) of the bond, unless a co-surety arrangement is proposed.

(b) When multiple corporate sureties are involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the form, insert only the letter identifier corresponding to each of the sureties. Moreover, when co-surety arrangements exist, the parties may allocate their respective limitations of liability under the bond, provided that the sum total of their liability equals 100% of the bond penal sum.

(c) When individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28) for each individual surety, shall accompany the bond.

The Government may require the surety to furnish additional substantiating information concerning its financial capability.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal"; and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

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

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

S U

R E

T Y

B

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

Corporate Seal

LIABILITY LIMIT ($)STATE OF INCORPORATION

2.

2.

1.

1.NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

S U

R E

T Y

C

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

S U

R E

T Y

D

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

S U

R E

T Y

E

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

S U

R E

T Y

F

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

S U

R E

T Y

G

STANDARD FORM 24 (REV. 8/2016) BACK

W912P825B0032

Section 00100 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management NOV 2024 52.204-22 Alternative Line Item Proposal JAN 2017 52.207-1 Notice Of Standard Competition MAY 2006 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 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991

CLAUSES INCORPORATED BY FULL TEXT

52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5.5 million (including options), the Offeror shall certify that, to the best of its knowledge and belief, it--

(1) Has [ ] filed all Federal tax returns required during the three years preceding the certification;

(2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986; and

(3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(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.

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 (20%) twenty 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.

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 Veronica Garner-Flint, Contracting Officer, U.S. Army Corps of Engineers, ATTN: CEMVN-CTE, 7400 Leake Avenue, New Orleans, LA 70118-3651

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

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, New Orleans Area Office Address: 7400 Leake Avenue, New Orleans, LA 70118-3651

Telephone: 504-862-1554

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

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

www.acquisition.gov

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)

(a) Definitions.

Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD Assessments.

Covered contractor information system has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/asda/dpc/cp/cyber/docs/safeguarding/NIST-SP-800-171-Assessment-Methodology- Version-1.2.1-6.24.2020.pdf.

(c) Procedures.

(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer.

(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS.

(i) The email shall include the following information:

(A) Cybersecurity standard assessed (e.g., NIST SP 800-171 Rev 1).

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use the following format for the report:

Brief CAGE codes description of Date of Total Date score of System security plan supported by this the plan assessment score 110 will plan architecture achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(3) Accessibility.

(i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this section.

DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

252.215-7008 ONLY ONE OFFER (DEC 2022)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to--

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C.

3702 and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

Section 00600 - Reps and Certs

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The offeror certifies that --

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

(i) Those prices,

(ii) The intention to submit an offer, or

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

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

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

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

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

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action…