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Amendment No. 0006

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plans_am2.pdf PDF
spec_am2.pdf PDF
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AM01.PDF PDF
AppG_ACOE Permit No. SPL-200700708-TS.pdf PDF
W912PL-09-B-0009_plans2C.pdf PDF
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AppI_Pre-Design Sediment Sampling by Weston Solutions.pdf PDF
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AppE_Electrical Dredge Substation O M Manual.pdf PDF
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AppD_WDR's File No. 08-133.pdf PDF
AppR_Dredge Reporting Forms.pdf PDF
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AppC_IR Site Safety Plan Requirements.pdf PDF
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AppA_USA and COLB Lease.pdf PDF
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W912PL-09-B-0009_plans2A.pdf PDF
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W912PL-09-B-0009_plans2B.pdf PDF
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE

DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

1 22

0006 Sep 14, 2009

USACE, Los Angeles District Contracting Division, West Region Branch P.O. Box 532711 Los Angeles, CA 90053-2325

W912PL-09-B-0009

29 July 2009

RECOVERY - PORT OF LONG BEACH (DEEPENING) AND OTHER LONG BEACH PROJECTS

Amendment issued to revise the following:

Replace Section 00010 BIDDING SCHEDULE Replace Section 00100, Bidding Schedule/Instructions to Bidders, revision to clause *52.0214-5001 DIRECTIONS FOR SUBMITING BIDS (APR 2002) and delete clause 52.219-4009

SUBCONTRACTING PLAN REQUIREMENTS-FOR LARGE BUSINESS CONCERNS ONLY.

(see attached continuation of Block 14)

W912PL-09-B-0009

Amendment No. 0006 SF30 Block 14 (continued)

Replace PROJECT TABLE OF CONTENTS - Section 35 20 25 deleted Replace Section 01 00 00 GENERAL REQUIREMENTS - added paragraph 1.16 Replace Section 01 22 00 MEASUREMENT AND PAYMENT - modify paragraph 1.3.2.1 Replace Section 01 50 02 TEMPORARY CONSTRUCTION FACILITIES - modify paragraphs 2.1 and 2.3 Delete Section 35 20 25 MECHANICAL DREDGE SILENT INSPECTOR -End Block 14-

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009 And Other Long Beach Projects

PROJECT TABLE OF CONTENTS

VOLUME 1

DIVISION 00 – BIDDING REQUIREMENTS, CONTRACT FORMS AND

CONTRACT CONDITIONS

SF1442 SOLICITATION, OFFER AND AWARD (SF 1442)

00010 BIDDERS NOTES AND BID SCHEDULE

00100 INSTRUCTIONS TO BIDDERS

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

00850 WAGE RATES

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00 GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 22 00 MEASUREMENT AND PAYMENT

01 32 01 PROJECT SCHEDULE

01 32 02 COORDINATION

01 33 00 SUBMITTAL PROCEDURES

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 02 QUALITY CONTROL SYSTEM (QCS)

01 45 04 CONTRACTOR QUALITY CONTROL

01 50 02 TEMPORARY CONSTRUCTION FACILITIES

01 57 20 ENVIRONMENTAL PROTECTION

01 78 02 CLOSEOUT SUBMITTALS

DIVISION 03 - CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

DIVISION 05 - METALS

05 50 00 METAL FABRICATIONS

DIVISION 09 - FINISHES

09 96 00 HIGH-PERFORMANCE COATINGS

TOC-1 Amendment 6

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 02 00 SETTLEMENT MONITORING AND INSTRUMENTATION

31 03 00 DUST PALLIATIVE

31 05 22 GEOTEXTILES USED AS FILTERS

31 05 65 WICK DRAINS

31 23 33 TRENCH EXCAVATION AND BACKFILL

31 41 00 EXCAVATION AND SHORING

31 41 16 STEEL SHEET PILING

31 62 13 PRECAST/PRESTRESSED CONCRETE PILES

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 00 BASE COURSE

32 12 16 ASPHALT CONCRETE PAVEMENT

32 17 23 PAVEMENT MARKINGS AND SIGNAGE

DIVISION 33 - UTILITIES

33 40 02 STORM DRAINAGE SYSTEMS

33 46 00 SUBDRAINAGE

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 DREDGING

35 20 24 SCOW SILENT INSPECTOR

35 31 19 STONE, CHANNEL, SHORELINE/COASTAL PROTECTION FOR

STRUCTURES

** 35 20 25 Mechanical Dredge Silent Inspector deleted

-- End of Project Table of Contents for Volume 1 –

TOC-2 Amendment 6

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009

PROJECT TABLE OF CONTENTS

VOLUME 2 – PIER T, WEST BASIN IR SITE 7 SEDIMENT REMEDIATION

DIVISION 2 – SITE WORK

02020 SPECIAL SITE REQUIREMENTS

02050 DEMOLITION AND REMOVAL (PIER 11)

02082 ASBESTOS REMOVAL

02083 LEAD CONTAINING MATERIAL REMOVAL AND DISPOSAL

02085 REMOVAL AND DISPOSAL OF CHEMICALLY TREATED WOOD

WASTE

02482 DREDGING

02975 HYDROSEEDING

DIVISION 16 – ELECTRICAL

16010 PIER T DREDGE SUBSTATION CONNECTION ELECTRICAL

REQUIREMENTS

-- End of Project Table of Contents for Volume 2 –

TOC-3 Amendment 6

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009

TOC-4 Amendment 6

LIST OF APPENDICES

IR Site 7 Appendices Appendix A: USA and COLB Lease

Appendix B: IR Site Summary

Appendix C: IR Site Safety Plan Requirements

Appendix D: WDR’s File No. 08-133

Appendix E: Electrical Dredge Substation O&M Manual

Appendix F: General Construction Activity Stormwater Permit and Template

Appendix G: ACOE PERMIT No. SPL-200700708-TS

Appendix H: Report of Offshore Sampling by Kleinfelder

Appendix I: Pre-Design Sediment Sampling by Weston Solutions

Appendix J: Remedial Action Plan and Design Report by Anchor

Appendix K: LBHP Underwater Observations of Sunken Barges and Debris Report

Appendix L: Hazardous Materials Survey Report for Pier 11

Appendix M: Available Drawings of Pier 11

Appendix N: Available Drawings of Electrical Dredge Substation

Appendix O: Available Drawings of Irrigation System at Laydown

Appendix P: Available Drawings of POLB Std. Fence Plan

Appendix Q: DMM Previously Discovered at Port of Long Beach West Basin

Appendix R: Dredge Reporting Forms

Appendix S: Harbor Development Permit for IR Site 7

North Slip Dike and Dredging Appendix T: Harbor Development Permit for Pier G

Appendix U: Geotechnical / Environmental Report(s)

Appendix V: List of Standard Plans

Appendix W: General Construction Permits (NPDES) for Pier G

Appendix X: Reference Drawings

Catalina Express Terminal Dredging

Appendix Y: Catalina Express Terminal Regulatory Permits Appendix Z: Catalina Express Terminal Geotechnical Information and Side Scan Survey

Main Channel Deepening

Appendix AA: Main Channel Deepening Project Geotechnical Investigation

Port of Long Beach (Deepening) W912PL-09-B-0009 And Other Long Beach Projects, 00010-1 Amendment 06

CERTIFICATE OF CORPORATE PRINCIPAL

1) IF THE OFFEROR IS A JOINT VENTURE, COMPLETE THE FOLLOWING:

(Company Name) (Signature) (Title)

2) IF THE OFFEROR IS PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS:

(Company Name) (Signature) (Title)

3) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION SHOULD BE COMPLETED:

CERTIFICATION AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation named as principal in the within contract; that , who signed the said contract on behalf of the principal, was the of the corporation; that I know his signature and that his signature is genuine; and that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

Port of Long Beach (Deepening) W912PL-09-B-0009

00010-2 Amendment 06

BIDDING SCHEDULE

The Offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within _______ calendar days after the date offers are due.

(Insert any number equal to or greater than the minimum requirements stated in Item 13D of the SF-1442. Failure to insert any number means the offeror accepts the minimum in Item 13 D of the SF-1442.)

BASE BID

Item Estimated No. Description Quantity Unit Unit Price Amount

Port of Long Beach (Deepening)

1. Mobilization and Demobilization 1 Job Lump Sum $__________ 1a. Federal ARRA Funded (35% of Item No. 1) 1b. Federal CG Funded (15% of Item No. 1) 1c. Non-Federal Funded (50% of Item No.1)

2. Dredging, D102 w/ Placement at F101 90,000 Cubic Yards $__________ $__________ 2a. Federal ARRA Funded (First 45,000 Cubic Yards of Item No. 2) 2b. Non-Federal Funded (Second 45,000 Cubic Yards of Item No.2)

3. Dredging, D102 w/ Placement at F105 & 106 460,000 Cubic Yards $__________ $__________ 3a. Federal CG Funded (First 230,000 Cubic Yards of Item No. 3) 3b. Non-Federal Funded (Second 230,000 Cubic Yards of Item No.3)

4. Dredging, D103 w/ Placement at F103 90,000 Cubic Yards $__________ $__________ 4a. Federal ARRA Funded (First 45,000 Cubic Yards of Item No. 4) 4b. Non-Federal Funded (Second 45,000 Cubic Yards of Item No.4)

Sub-total Turning Basin Deepening $__________

Pier G North Slip Dike and Dredging

5. Mobilization and Demobilization 1 Job Lump Sum $__________

6. Steel Sheet Pile Wall 1 Job Lump Sum $__________

7. Settlement Monitoring 1 Job Lump Sum $__________

8. SWPPP Development & Compliance 1 Job Lump Sum $10,000.00

9. Dredging, D101 w/ Placement at F102 15,000 Cubic Yards $__________ $__________

10. Dredging, D108 w/ Placement at F104, 200,000 Cubic Yards $__________ $__________ F105 and F106

11. Furnish Concrete Piles 9,000 Linear Feet $__________ $__________

12 Drive Concrete Piles 88 Each $__________ $__________

13. Storm Drain System 1 Job Lump Sum $__________

14. Crushed Miscellaneous Base 15,000 Tons $__________ $__________

15. Asphalt Concrete 5,000 Tons $__________ $__________

Port of Long Beach (Deepening) W912PL-09-B-0009

00010-3 Amendment 06

16. Wick Drains 1,050,000 Linear Feet $__________ $__________

17. Quarry Run Rock 220,000 Tons $__________ $__________

18. Armor Stone 15,000 Tons $__________ $__________

19. Furnish and Place Pavement Markings 1 Job Lump Sum $__________ And Signage

Sub-total Pier G North Slip Fill $__________

Pier T, West Basin IR Site 7 Sediment Remediation

20. Mobilization and Demobilization 1 Job Lump Sum $__________

21. IR Site 7 Demolition 1 Job Lump Sum $__________

22. Barge Removal 1 Job Lump Sum $__________

23. SWPPP Development & Compliance 1 Job Lump Sum $10,000.00

24. Dredging, D104 / D105 w/ Placement 587,000 Cubic Yards $__________ $__________ at F102/F103

25. Hydroseeding 6 Acres $__________ $__________

26. Restoration & Repair of Temp Irrigation System 1 Job Lump Sum $__________

27. Required Insurance 1 Job Lump Sum $__________

28. On Site SUXOS Personnel 1 Job Lump Sum $__________

Sub-total West Basin IR Site 7 Sediment Clean-Up $__________

Catalina Express Terminal Maintenance Dredging and Demolition

29. Mobilization and Demobilization 1 Job Lump Sum $__________

30. Dredging, D106 w/ Placement at F105 37,000 Cubic Yards $__________ $__________

31. Catalina Landing Demolition 1 Job Lump Sum $__________

Sub-total Catalina Express Terminal $__________

Optional Bid Items

Pier T, West Basin IR Site 7 Sediment Remediation

32. Additional Set-ups 5 Each $__________ $__________

33. Re-Dredging D104 / D105 w/ Placement 59,000 Cubic Yards $__________ $__________ at F102 / F103

34. Daily Stand-by Time 14 Days $__________ $__________

35. Hourly Stand-by Time 48 Hours $__________ $__________

Sub-total West Basin IR Site 7 Sediment Clean-Up (Option) $__________

TOTAL BID AMOUNT $__________

Port of Long Beach (Deepening) W912PL-09-B-0009

00010-4 Amendment 06

NOTES:

1. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid.

2. If a modification to a bid based on unit prices is submitted which provides for a lump sum adjustment to the total estimated amount, the application of the lump sum adjustment to each unit price in the Price Schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the Price Schedule.

3. Prices must be submitted on all individual items of the Price Schedule; otherwise the bid will be considered non-responsive and will be rejected.

4. For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the Price Schedule as submitted by the bidder:

a. Obviously misplaced decimal points will be corrected;

b. In case of discrepancy between the unit price and the extended price, the unit price will govern;

c. Apparent errors in extensions of unit prices will be corrected;

d. Apparent errors in addition of lump sum and extended prices will be corrected.

5. For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends the bid to be evaluated on the basis of unit prices the totals arrived at by the resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

6. The lump sum “LS” line items in the Price Schedule are not “Estimated Quantity” line items and are not subject to the “Variation in Estimated Quantity” contract clause.

7. The Contract Clause 52.232-27, “Prompt Payment for Construction Contracts” requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in a proper Notice of Assignment.

8. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Los Angeles District, contracting within his authority, may take formal action on this contract when the Principal Contracting Officer is unavailable and the action needs to be taken.

9. Amounts and prices shall be indicated in either words or figures, NOT BOTH.

10. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause NO. 52.232-33 “Mandatory Information for Electronic Funds Transfer” located in Section 00800.

11. The bidder shall distribute his indirect costs (overhead, profit, bond, etc.,) over all items in the Price Schedule. The Government will review all submitted Price Schedules for any unbalancing of the items.

Any submitted Price Schedule determined to be unbalanced may be considered nonresponsive and cause the bidder to be ineligible for contract award.

12. The bidder shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract in include all attachments thereto.

Port of Long Beach (Deepening) W912PL-09-B-0009

00010-5 Amendment 06

13. Some quantities are ESTIMATED, the bidders prices MUST BE FIRM.

14. Bidder is cautioned to check his Price Schedule carefully prior to submission. If the Price Schedule contains unit prices, they should be round off to the second decimal point only.

15. Bidders attention is directed to Section 00100 “Instructions to Bidders” Clause No. 52.0214-4002, entitled “Directions for Submitting Bids”. Please note that there is Special Instructions Pertaining to Hand=Carried Bids.

16. When applicable, the Price Evaluation Preference for HUBZone Small Business Concerns will apply to this procurement. The bidders attention is direct to Section 00600, Contract Clause No. 52.219-4, entitled “Price Evaluation Preference for HUBZone Small Business Concerns.”

17. The successful bidder/offeror grants the options listed in the Pricing Schedule to the Government. The Options Items(s) will be exercised in accordance with Section 00800, Contract Clause No. FAR 52.211- 10, titled, “Commencement, Prosecution, and Completion of Work.” Exercise of the Option Item(s) will be made by the Contracting Officer. For determination of the lowest bid, please refer to contract clause no.

FAR 52.217-5, entitled “Evaluation of Options,” Section 00100 of this solicitation.

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications.

(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009

Section 00100 - Bidding Schedule/Instructions to Bidders

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

*52.0214-5001 DIRECTIONS FOR SUBMITING BIDS (APR 2002)

552.0000-4010 INQUIRIES

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

52.0000-4023 SAFETY REQUIREMENTS

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29

(AUG 1998)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

52.214-5 SUBMISSION OF BIDS (MAR 1997)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999) 6

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

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

52.0214-4583 TELEGRAPHIC BIDS/OFFERS ARE NOT ACCEPTABLE

52.214-4584 FACSIMILE BIDS/OFFERS

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)—EFARS

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (JUL 2005)

52.219-4003 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS

SUBCONTRACTING

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials (MAR 2009)

52.228-1 BID GUARANTEE (SEP 1996)

52.233-2 SERVICE OF PROTEST (SEP 2006)

252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (AUG

1999)

252.204-7004 CENTRAL CONTRACTOR REGISTRATION (52.204-7) ALTERNATE A (SEP 2007)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (MAR 2008)

*52.0219-4009 DELETED

SAMPLE SUBCONTRACTING PLAN

Amendment 0006 00100-1 *denotes changed text

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009

Section 00100 - Bidding Schedule/Instructions to Bidders

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) A site visit is scheduled for Thursday, August 13th, 2009 commencing at 10:00 a.m. Meet at the Port of Long Beach Administration Building, 925 Harbor Plaza. All attendees are required to provide their own safety vests (if they want to exit the tour bus).

(c) People interested in attending the site visit should contact Bob Garda with an e-mail and cc: Jim Fields and Joe Ryan. The e-mail is to be received by Corps of Engineers personnel no later than 48 hours prior to the scheduled site visit. The e-mail shall include a day-time telephone number. If there are any changes to the site visit date or location, people who have registered to attend the site visit shall be informed.

Following are the USACE e-mail addresses:

robert.j.garda@usace.army.mil james.a.fields@usace.army.mil joseph.a.ryan@usace.army.mil

(d) This site visit will be the only opportunity for offerors or quoters to meet Port officials, tour the site, and ask face to face questions.

*52.0214-5001 DIRECTIONS FOR SUBMITING BIDS (APR 2002)

Envelopes containing bids must be sealed, marked and addressed as follows:

MARK ENVELOPES:

Bid under IFB No. W912PL-09-B-0009 Bid Opening Date: Refer to SF 1442, “Solicitation, Offer & Award” Block No.13A

*The following shall be submitted in response to this solicitation, as a minimum:

1) Bid Bond/Guarantee

2) SF-1442, Page 1 and 2, completed and signed by the Offeror

3) Section 00010, Pricing Schedule

4) Section 00600, Representations and Certifications

ADDRESS ENVELOPES TO:

Department of the Army U. S. Army Engineer District, Los Angeles ATTN: Contracting Division C/O: Pat Bonilla/Julie Ayala 915 Wilshire Blvd, 14th floor Los Angeles, CA 90017

SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS:

Due to security precautions, all Corps of Engineers visitors/couriers are now required to check in at the Security Office, Suite 1101, 915 Wilshire Blvd, Los Angeles, CA 90017. Bidders are no longer

Amendment 0006 00100-2 *denotes changed text mailto:Joseph.A.Flynn@usace.army.mil mailto:Jane.F.Grandon@usace.army.mil mailto:Jane.F.Grandon@usace.army.mil

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009 permitted to hand-carry their bids directly to Contacting Division without an authorized escort. Bids may NOT be left unattended at the Security Office, Suite 1101 or elsewhere in the building.

Bidders who desire to hand-deliver their bids prior to the scheduled bid opening time/date must notify the Contracting Division to arrange for receipt of their bid by Contracting Division personnel. Normally the contact will be the Contract Specialist(s) designated above (at 213.452.3255 or at 213.452.3241). In the event the Contract Specialist(s) cannot be reached, please call the main Contracting Division telephone number, 213-452-3869 or the following alternative telephone numbers -3231, -3235, -3240, 3247, 3250, or -3252, in order to request assistance.

10 minutes prior to the scheduled bid opening time/date, the Bid Opening Officer will be in the Security Office, Suite 1101 to accept bids. After visitor in-processing, all bidders will subsequently be escorted to Bid Opening Room, where the bids will be publicly opened and read.

552.0000-4010 INQUIRIES

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders/offerors before submission of their bids/offers. Oral explanations or instructions given before award of a contract are not binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if lack of it would be prejudicial to other prospective bidders/offerors.

1. All inquiries relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

A. To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system. To self register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

Please Note: Offerors shall only submit one question per inquiry. All inquiries containing multiple questions shall be rejected.

B. B. From this page, you may view all bidder inquiries or add inquiry.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by the technical team.

D. The Solicitation Number is: W912PL-09-B-0009

The Bidder Inquiry Key is: 69WKMY-1DWSNS

2. The Bidder Inquiry System will be unavailable for new inquiries 5 business days prior to proposal submission in order to ensure adequate time allotted to form an appropriate response and amend the solicitation if necessary.

3. Offerors are requested to review the specifications in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

Amendment 0006 00100-3 http://www.projnet.org/projnet

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Contract Clause No. FAR 52.219-4, “Notice of Price Evaluation Preference for HUBZone Small Business Concerns.”

52.0000-4023 SAFETY REQUIREMENTS

The bidder's attention is directed to the latest version of U.S Army Corps of Engineers Safety and Health Manual, EM 385-1-1, which will be strictly enforced. This publication may be obtained from the US Army Engineer District, Los Angeles, ATTN: Susan Tianen, Safety Office, P.O. Box 532711, Los Angeles, California 90053-2325 or on-line at: http://www.usace.army.mil/CESO/Pages/EM385-1- 1,2008NEW!.aspx.

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

Amendment 0006 00100-4 http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29

(AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile

(202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (http://assist.daps.dla.mil);

(2) Quick Search (http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.] (End of provision)

Amendment 0006 00100-5

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

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

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the solicitation. The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

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.

(End of provision)

52.214-5 SUBMISSION OF BIDS (MAR 1997)

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

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

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

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

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

(End of provision)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

(End of provision)

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

Amendment 0006 00100-6

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

(End of provision)

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

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and

(2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

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

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

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

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

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

(End of provision)

Amendment 0006 00100-7

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provision)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of provision)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

(End of provision)

52.0214-4583 TELEGRAPHIC BIDS/OFFERS ARE NOT ACCEPTABLE

Any telegram to modify or withdraw a bid/offer sent to this office must be physically delivered to the office designated for receipt of bid/offer by the date and time set for bid opening/receipt of proposals.

No one from this office will be dispatched to the local telegraph office to pick up any telegram for any reason.

52.214-4584 FACSIMILE BIDS/OFFERS

Facsimile bids/offers, modifications thereto, or cancellations of bids/offers will not be accepted.

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)—EFARS

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

Amendment 0006 00100-8

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (JUL 2005)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

The small disadvantage business price evaluation adjustment will not be applied to this procurement as it is currently suspended on department of Defense (DoD) contracts.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

Amendment 0006 00100-9

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants.

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(End of clause)

52.219-4003 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS

SUBCONTRACTING

Offerors are cautioned that failure to comply in good faith with the CONTRACT CLAUSE entitled (1) "Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns, FAR 52-219-8" and (2) Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan, FAR 52.219-9 (Alternate I)," when applicable, will be a material breach of contract. In order to assist prime contractors in developing a source list of Small and Small Disadvantaged Business Concerns, you are encouraged to contact Minority Contractor Associations, the Minority Business Development Agency, and the appropriate General Business Service Centers in your standard Metropolitan Statistical Area, addresses of which may be obtain from:

Write: US Army Engineer District, Los Angeles

ATTN: CESPL-DD-B

P.O. Box 532711 Los Angeles, California 90053-2325

Telephone: Mary Spencer Small and Disadvantaged Business Utilization Specialist Area Code (213) 452-3937

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Amendment 0006 00100-10

Recovery – Port of Long Beach (Deepening) W912PL-09-B-0009

Goals for minority participation for each trade

Goals for female participation for each trade

19.7%

6.9%

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

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

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

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

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

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

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is San Pedro Bay, Los Angeles County, CA.

(End of provision)

52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials (MAR 2009)

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L.

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