W912P825BA010 Solicitation.pdf

OM25031

IFB NO. W912P825BA010

US Army Corps of Engineers New Orleans District

Mississippi River, Baton Rouge to the Gulf

MISSISSIPPI RIVER,

NEW ORLEANS

HARBOR

CUTTERHEAD

DREDGE NO. 2-2025

(OM25031)

New Orleans, Louisiana

Construction Solicitation and Specifications

November 2024

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

7400 LEAKE AVENUE

NEW ORLEANS, LOUISIANA 70118-3651

OM25031

REPLY TO

ATTENTION OF

SOLICITATION: W912P825BA010

FOR: MISSISSIPPI RIVER, NEW ORLEANS HARBOR CUTTERHEAD DREDGE

NO. 2-2025

TO OPEN: The Bid Opening is to be opened by a future 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 along with an original, signed notarized letter identifying the authorized Entity Administrator before the registration will be activated. 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. WORK WILL

BE PERFORMED IN THE NEW ORLEANS HARBOR REACH OF THE MISSISSIPPI RIVER AND

ADJACENT LOCK FOREBAYS OF THE GULF INTRACOASTAL WATERWAY.

NOTE: ALL WORK UNDER THIS CONTRACT SHALL BE PERFORMED IN ACCORDANCE WITH

THE PROVISIONS OF EM 385-1-1 "SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS."

Bid Bond (See Instructions on Page 3)

Date Bond Executed (Must Not Be Later Than Bid Opening Date)

OMB Control Number: 9000-0001 Expiration Date: 1/31/2027

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

Authorized For Local Reproduction Previous Edition Is Not Usable

STANDARD FORM 24 (REV. 10/2023)

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.

Other (Specify)

Individual Partnership Joint Venture

Corporation

2.

(Seal)2.(Seal) 1.

1.

1.

1. 3.2.

Name(s) (Typed)

Signature(s)

Individual Surety(ies)

Name(s) And Title(s) (Typed)

Corporate Seal

(Seal)

3.

(Seal)

2.

(Seal) Signature(s)

Principal

2.

State Of Incorporation Liability Limit ($)

2.

2.

1.Name(s) And Title(s) (Typed)

Signature(s)1. 2. Corporate Seal

Corporate Seal

Name And Address

Signature(s)

Name(s) And Title(s) (Typed)

1.

1.

2.

2.

State Of Incorporation Liability Limit ($)

Corporate Seal

Name(s) And Title(s) (Typed)

Signature(s)

Name And Address

1.

1.

2.

2.

State Of Incorporation Liability Limit ($)

Corporate Seal

Liability Limit ($)State Of Incorporation

1.

1.

Name And Address

Name(s) And Title(s) (Typed)

Signature(s)

Name And Address

Corporate Surety(ies)

Witness:

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

STANDARD FORM 24 (REV. 10/2023) PAGE 2

STANDARD FORM 24 (REV. 10/2023) PAGE 3

Corporate Seal

Name And Address

Signature(s)

Name(s) And Title(s) (Typed)

1.

1.

State Of Incorporation

2.

2.

Liability Limit ($)

Corporate Seal

Name(s) And Title(s) (Typed)

Signature(s)

Name And Address

1.

1.

2.

2.

State Of Incorporation Liability Limit ($)

Corporate Seal

State Of Incorporation Liability Limit ($)

2.

2.

1.

1.

Name And Address

Signature(s)

Name(s) And Title(s) (Typed)

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."

STANDARD FORM 24 (REV. 10/2023) PAGE 4

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 9000-0001. 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 (MVCB), 1800 F Street, NW, Washington, DC

20405.

OM25031

PROJECT TABLE OF CONTENTS Page 1

Mississippi River, New Orleans Harbor Cutterhead Dredge

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

BID SCHEDULE

INSTRUCTIONS

SUPPLEMENTARY CONDITIONS

REPRESENTATIONS AND

CERTIFICATIONS CONTRACT CLAUSES

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 23.33 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM PIPELINE

HYDRAULIC DREDGE

-- End of Project Table of Contents --

00 10 00 00 21 00 00 22 00 00 45 00 00 70 00

Mississippi River, New Orleans Harbor Cutterhead Dredge OM25031

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

CUTTERHEAD DREDGE NO. 2-2025

ORLEANS AND JEFFERSON PARISHES, LOUISIANA

SOLICITATION NO. W912P825B0031

LOT ONE, 24 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 860 HOUR

Option

NOH OPTION DREDGING 860 HOUR XXXXXXXX

0004 DREDGE TOWING SERVICE 30 MILE

TOTAL: LOT ONE BID

*SEE BID FORM NOTES FOLLOWING LAST BID LOT

SECTION 00010 Page 2

SECTION 00010 - BIDDING SCHEDULE

MISSISSIPPI RIVER, NEW ORLEANS HARBOR

CUTTERHEAD DREDGE NO. 2-2025

ORLEANS AND JEFFERSON PARISHES, LOUISIANA

SOLICITATION NO. W912P825B0031

LOT TWO, 24 IN. 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 536 HOUR

Option

NOH OPTION DREDGING 536 HOUR XXXXXXXX

0004 DREDGE TOWING SERVICE 30 MILE

TOTAL: LOT TWO BID

SECTION 00010 Page 3

MISSISSIPPI RIVER, NEW ORLEANS HARBOR

CUTTERHEAD DREDGE NO. 2-2025

ORLEANS AND JEFFERSON PARISHES, LOUISIANA

SOLICITATION NO. W912P825B0031

LOT THREE, 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

TOTAL: LOT THREE BID

SECTION 00010 Page 4

MISSISSIPPI RIVER, NEW ORLEANS HARBOR

CUTTERHEAD DREDGE NO. 2-2025

ORLEANS AND JEFFERSON PARISHES, LOUISIANA

SOLICITATION NO. W912P825B0031

LOT FOUR, 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

TOTAL: LOT FOUR BID

SECTION 00010 Page 5

MISSISSIPPI RIVER, NEW ORLEANS HARBOR

CUTTERHEAD DREDGE NO. 2-2025

ORLEANS AND JEFFERSON PARISHES, LOUISIANA

SOLICITATION NO. W912P825B0031

LOT FIVE, 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

TOTAL: LOT FIVE BID

SECTION 00010 Page 6

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 the Option Bid Item No. 0003 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 "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

SECTION 00010 Page 7 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.

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

SECTION 00010 Page 8 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 shown on the bid lots (Bid Items "NOH Dredging" and "NOH Option 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.

1.4 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.

APPROXIMATE DREDGE

CONTRACT DURATION

Bid Lot Dredge Discharge

Size (ID, Inches)

Submerged Pump

Approximate Number of

Contract Days for Item 0002

Approximate Number of

Contract Days for Option Item 0003

1 24 NO 56 56

2 24 YES 40 40

3 27 NO 53 53

4 30 or greater NO 41 41

SECTION 00010 Page 9

Bid Lot Dredge Discharge

Size (ID, Inches)

Submerged Pump

Approximate Number of

Contract Days for Item 0002

Approximate Number of

Contract Days for Option Item 0003

5 30 or greater YES 31 31

The time required for completion of the contract shall be established as the number of calendar days listed in the column entitled "Approximate Number of Contract Days for Item 0002" for the applicable bid lot. In the event Option Item 0003 is fully exercised under the terms of the contract, the time required for completion of the contract shall be extended by the number of calendar days listed in the column entitled "Approximate Number of Contract Days for Option Item 0003" for the applicable bid lot. In the event Option Item 0003 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 column "Approximate Number of Contract Days for Option Item 0003" for 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 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.

SECTION 00010 Page 10

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 Government's Notice to Proceed with the optional work.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 00010 Page 11

Section 00 20 00 - Instructions for Procurements

FAR Clauses Incorporated by Full Text

52.236-27 Site Visit (Construction). (Alternate I) (Feb 1995) Alternate I (Feb 1995)

Alternate I (Feb 1995). If an organized site visit will be conducted, substitute a paragraph substantially the same as the following for paragraph (b) of the basic provision:

(b) An organized site visit has been scheduled for-

____[Insert date and time]

(c) Participants will meet at-

____________[Insert location]

W912P825BA010

Section 00 21 00 - Instructions

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-7 System for Award Management. Nov 2024 52.204-22 Alternative Line Item Proposal. Jan 2017 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. May 2014

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023

FAR Clauses Incorporated by Full Text

52.233-2 Service of Protest. (Sep 2006)

Service of Protest (Sept 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-CT-E, 7400 Leake Ave, New Orleans, LA 70118-3651________. [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.]

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

(End of provision)

52.236-27 Site Visit (Construction). (Feb 1995)

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: Charles Freeman

Address: 7400 Leake Ave, New Orleans, LA 70118-3651 ____

Telephone: 504-862-1554

(End of Provision)

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

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________[Insert one or more Internet addresses]

(End of provision)

52.252-5 Authorized Deviations in Provisions. (Nov 2020)

Authorized Deviations in Provisions (Nov 2020)

(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 ____[insert regulation name](48 CFR Chapter____) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Section 00 21 13 - Instructions to Bidders

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.214-3 Amendments to Invitations for Bids. Dec 2016 52.214-4 False Statements in Bids. Apr 1984 52.214-5 Submission of Bids. Dec 2016 52.214-6 Explanation to Prospective Bidders. Apr 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. Nov 1999 52.214-18 Preparation of Bids-Construction. Apr 1984 52.214-19 Contract Award-Sealed Bidding-Construction. Aug 1996

Section 00 21 16 - Instructions to Proposers

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-16 Commercial and Government Entity Code Reporting. Aug 2020

Section 00 22 00 - Supplementary Instructions

FAR Clauses Incorporated by Full Text

52.252-3 Alterations in Solicitation. (Apr 1984)

Alterations in Solicitation (Apr 1984)

Portions of this solicitation are altered as follows:

(End of clause)

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00800

SUPPLEMENTARY CONDITIONS

PART 1 GENERAL

1.1 SCOPE

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION

3.1 DELIVERY OF PLANT

3.2 PROSECUTION, OPTION AND COMPLETION

3.3 CONTRACTOR PERFORMANCE EVALUATIONS - CONSTRUCTION

3.4 CONSTRUCTION AND ARCHITECT-ENGINEER (A-E) CONTRACTS (UAI 5131.105)

3.5 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS (UAI 5122.1302-100)

-- End of Section Table of Contents --

SECTION 00800 Page 1

SECTION 00800

SUPPLEMENTARY CONDITIONS

PART 1 GENERAL

1.1 SCOPE

This Section includes supplements to the Federal Acquisition Regulations (FAR) requirements. Also included are applicable Department of Defense supplements (DFARS) and USACE Acquisition Instruction (UAI) to the FAR.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION

3.1 DELIVERY OF PLANT

a. Delivery of the hydraulic dredge and attendant plant and commencement of dredging shall be completed within 120 hours after issuance of the Notice to Proceed. For bidding purposes, the delivery site will be in the Mississippi River Mile 99 AHP; however, the starting assignment for the dredge may require initial mobilization to any of the locations in the Dredging Region Sections, for which an equitable adjustment will be made for any additional costs under the contract clause entitled "Changes" (FAR 52.243-4). Upon arrival of the dredge and all of the attendant plant at the delivery site, the plant may be inspected by Government personnel to determine whether any deficiencies have developed since the time the plant was brought into compliance pursuant to the pre-award inspection. The Contractor will be notified of acceptance or rejection of the plant. The dredge will be given an assignment immediately upon acceptance and will be expected to commence dredging at that time. The Notice to Proceed may be issued immediately upon receipt of acceptable Performance and Payment Bonds.

b. The Contracting Officer may waive the requirement for the Pre-award Inspection of Plant listed in Section 00010. Such waiver does not affect the inspection of the plant upon delivery.

3.2 PROSECUTION, OPTION AND COMPLETION

a. The estimated completion time of the contract will initially be determined as the date and time obtained by adding the hours in the Dredging Payment Items to the date and time that the Contractor began start of pay time hours. During the course of work, the completion time may change as a result of fractional pay time (refer to Section 35 20 23.23, paragraph entitled "Dredging and Option Dredging Items") and/or award of option hours or any portion thereof.

b. This contract shall extend for an approximate duration as described in Section 00010, paragraph entitled "Conditions of Contract Award".

If all necessary work is completed prior to the approximate duration completion time, the Government will release the dredge and declare the contract complete.

c. Upon completion of the specified work, the dredge and attendant

SECTION 00800 Page 2 plant will be released to the Contractor at the location of the last assignment. It should be noted that the location of the last assignment could be in another region within the New Orleans District as described in Section 35 20 23.23, paragraph entitled "Dredging in Secondary Regions". All cost of final demobilization will be paid as stated in Section 35 20 23.23, paragraph entitled "Measurement and Payment". No other payment will be made.

d. If the Contracting Officer so notifies the Contractor of the Government's intent to exercise an option, in whole or part, the Contractor shall continue work on that part of the option hours specified by the Contracting Officer at the option unit price specified in the bidding schedule, subject to the provisions of Section 35 20 23.23, paragraph entitled "Dredging and Option Dredging Items".

Any exercise of the option in part does not obligate the Government to the full extent of the option.

3.3 CONTRACTOR PERFORMANCE EVALUATIONS - CONSTRUCTION

In accordance with the provisions of Subpart 36.201/42.1502(e) (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor's performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $700,000.00, the USACE will evaluate contractor's performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the Contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user's computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the website: http://www.cpars.gov. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

3.4 CONSTRUCTION AND ARCHITECT-ENGINEER (A-E) CONTRACTS (UAI 5131.105)

(d)(2)(i)(B) In accordance with FAR 31.105(d)(2)(i)(b), for the predetermined schedule of construction equipment use rates, use Engineer Pamphlet (EP) 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule.

(End of special contract requirement)

Note 1: Costs for repairs or overhauling are not allowed.

Note 2: A copy of the "EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE" (Region III) can be obtained from the following website:

https://www.publications.usace.army.mil/Portals/76/Users/182/86/2486/ EP%201110-1-8_RV1-12.pdf?ver=x6psY-gBPGg5dSOqQdjEMg%3d%3d

SECTION 00800 Page 3

3.5 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS

(UAI 5122.1302-100)

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS

222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans' Employment and Training Service (VETS):

https://www.dol.gov/vets/

Federal Veteran Employment Information: www.fedshirevets.gov/index.aspx

Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow/

U.S. Army Warrior Transition Command Employment Index:

https://wtc.army.mil/modules/employers/index.html

Hiring Our Heroes Initiative: www.uschamberfoundation.org/hiring-our-heroes

(End of special contract requirement)

-- End of Section --

SECTION 00800 Page 4

Section 00 45 00 - Representations and Certifications

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.209-7 Information Regarding Responsibility Matters. Oct 2018

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

May 2021

252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

FAR Clauses Incorporated by Full Text

52.204-8 Annual Representations and Certifications. (Jan 2025)

Annual Representations and Certifications (Jan 2025)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is237990[insert NAICS code].

(2) The small business size standard is $37,000,000.00[insert size standard].

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition-

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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:

(i) [ ] Paragraph (d) applies.

(ii) [ ] 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) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 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.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 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.

(xvi) 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 products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the provision at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

[ ] (i) 52.204-17, Ownership or Control of Offeror.

[ ] (ii) 52.204-20, Predecessor of Offeror.

[ ] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[ ] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

[ ] (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

[ ] (vi) 52.227-6, Royalty Information.

[ ] (A) Basic.

[ ] (B) Alternate I.

[ ] (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov.

After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

DFARS Clauses Incorporated by Full Text

252.204-7007…