Spec_W912PL-10-B-0011.pdf

IFB NO. W912PL-10-B-0011

U.S. ARMY CORPS

OF ENGINEERS

LOS ANGELES DISTRICT

SANTA BARBARA HARBOR

MAINTENANCE DREDGING

SANTA BARBARA COUNTY, CALIFORNIA

Construction Solicitation and Specifications

UNRESTRICTED

August 2010

This page was intentionally left blank for duplex printing.

Santa Barbara Harbor Maintenance Dredging (FY11 to FY13) W912PL-10-B-0011

PROJECT TABLE OF CONTENTS

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONTRACT CONDITIONS

SF1442 SOLICITATION, OFFER and AWARD (SF 1442)

00010 BID SCHEDULE / BIDDERS NOTES

00100 INSTRUCTIONS TO BIDDERS

00600 REPRERSENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

00850 WAGE RATES

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00 GENERAL REQUIREMENTS

01 22 00 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 01 USACE QUALITY CONTROL

01 45 02 USACE QUALITY CONTROL SYSTEM (QCS)

01 57 20 ENVIRONMENTAL PROTECTION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 10 MOBILIZATION AND DEMOBILIZATION

35 20 20 DREDGING

-- End of Project Table of Contents –

This page was intentionally left blank for duplex printing.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION CALL

A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

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

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

12B. CALENDAR DAYS

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

NSN 7540-01-155-3212

Designed using Perform Pro, WHS/DIOR, Oct 96

1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

W912PL-10-B-0011 X 23 AUG 2010 1 OF 2

USACE, Los Angeles District Contracting Division, West Region Branch 915 Wilshire Blvd P. O. Box 532711, Los Angeles, CA 90053-2325

See Item 7

Lucia A. Carvajal 213.452.2347

SANTA BARBARA HARBOR MAINTENANCE DREDGING, SANTA BARBARA COUNTY, CALIFORNIA.

Project consists of biannual maintenance dredging of federal navigation channels and placement of dredge material on the beach. Amount of dredge material per dredge cycle varies from 75,000 cubic yards to 300,000 cubic yards. This is a multi-year contract for six cycles (3 years).

The estimated cost range of this procurement is $5,000,000 - $10,000,000.

When applicable, FAR 52.219-4, "Notice of Price Evaluation Preference for HUBZone Small Business Concerns" will be applied to this procurement.

10 *See 00800

X X *Section 00800

X 10

0 1:00 PM

September 22, 2010

X

OFFER (Must be fully completed by offeror)

STANDARD FORM 1442 BACK (REV. 4-85)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24.SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BYCODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to the issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and

(c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD. (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

30B. SIGNATURE 30C. DATE

31A. NAME OF CONTRACTING OFFICER (Type or print)

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

BY

DUNS NO.: TAX ID NO.:

CAGE CODE NO.:

( ) - ; FAX ( ) -

SEE PRICING SCHEDULE

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

SF-1442 - 3

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:

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

W912PL-10-B-0011

ITEM ESTIMATED UNIT ESTIMATED

NO. QUANTITY PRICE AMOUNT

BASE BID

1 Mobilization and Demobilization, First Year, First Cycle 1 Job Lump Sum

2 Dredging, First Year - First Cycle 2A First 100,000 Cubic Yards 100,000 CY 2B Over 100,000 Cubic Yards 60,000 CY

TOTAL of Base Bid

OPTION ITEMS

3 Mobilization & Demobilization, First Year - Second Cycle 1 Job Lump Sum

4 Dredging, First Year - Second Cycle 4A First 100,000 Cubic Yards 100,000 CY 4B Over 100,000 Cubic Yards 60,000 CY

5 Mobilization & Demobilization, Second Year - Third Cycle 1 Job Lump Sum

6 Dredging, Second Year - Third Cycle 6A First 100,000 Cubic Yards 100,000 CY 6B Over 100,000 Cubic Yards 60,000 CY

7 Mobilization & Demobilization, Second Year - Fourth Cycle 1 Job Lump Sum

8 Dredging, Second Year - Fourth Cycle 8A First 100,000 Cubic Yards 100,000 CY 8B Over 100,000 Cubic Yards 60,000 CY

9 Mobilization and Demobilization, Third Year - Fifth Cycle 1 Job Lump Sum

10 Dredging, Third Year - Fifth Cycle 10A First 100,000 Cubic Yards 100,000 CY 10B Over 100,000 Cubic Yards 60,000 CY

11 Mobilization and Demobilization, Third Year - Sixth Cycle 1 Job Lump Sum

12 Dredging, Third Year - Sixth Cycle 12A First 100,000 Cubic Yards 100,000 CY 12B Over 100,000 Cubic Yards 60,000 CY

CY = Cubic Yards 00010-1

TOTAL ESTIMATED AMOUNT (Base Bid plus Option Items)

Price Schedule

Santa Barbara Harbor Maintenance Dredging

Santa Barbara Harbor Maintenance Dredging

Santa Barbara County, California

IFB No. W912PL-10-B-0011

UNITDESCRIPTION

00010-2

SECTION 00010 Bidders Notes/Bid Schedule

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 bidders’ attention is directed to Contract Clause No. 52.232-33 “Payment by Electronic Funds Transfer – Central Contactor Registration” located in Section 00700.

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 non-responsive and cause the bidder to be ineligible for contract award.

00010-3

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.

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

14. Bidder is cautioned to check his Price Schedule carefully prior to submission.

15. Bidders attention is directed to Section 00100 “Instructions to Bidders” Clause No. 52.0214-5001, entitled “Directions for Submitting Bids”. Please note that there is Special Instructions Pertaining to Hand-Carried Bids.

16. The Successful bidder/offeror grants the options listed in the Pricing Schedule to the Government. The Option Item(s) will be exercised in accordance with Section 00800, Contract Clause titled “Exercise of Option Line Items.”

Exercise of the Option Item(s) will be made by the Contracting Officer. The price for exercise of the Option Item(s) includes all work and effort associated with the scope of the item(s). For determination of the lowest bid, please refer to contract Clause No. FAR 52.217-5, titled, “EVALUATION OF OPTIONS,” in Section 00100 of this solicitation.

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-1

Section 00100 - Instructions to Bidders

52.0000-4010 INQUIRIES

52.0000-4023 SAFETY REQUIREMENTS

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

52.209-4501 CONTRACTOR REPONSIBILITY, PRE-AWARD SURVEY

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)

52.211-5000 EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)--EFARS

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)

52.0214-5001 DIRECTIONS FOR SUBMITING BIDS (APR 2002)

52.0214-4583 TELEGRAPHIC BIDS/OFFERS ARE NOT ACCEPTABLE

52.214-4584 FACSIMILE BIDS/OFFERS

52.0214-4599 EVALUATION FOR AWARD

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.219-4003 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS

SUBCONTRACTING

52.219-4009 SUBCONTRATING PLAN REQUIREMENT– FOR LARGE BUSINESS CONCERNS

ONLY 10

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS

(FEB 2009)

52.228-1 BID GUARANTEE (SEP 1996)

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

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

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)

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-2

Section 00100 - Bidding Schedule/Instructions to Bidders

52.0000-4010 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-10-B-0011

The Bidder Inquiry Key is: GNJN12-YSQ1DO

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.

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.

http://www.projnet.org/projnet� http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx� http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx�

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-3

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.

(ix) Line of business (industry).

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

(End of provision)

52.209-4501 CONTRACTOR REPONSIBILITY, PRE-AWARD SURVEY

In accordance with FAR 9.103(a)…”contracts shall be awarded to responsible, prospective contractors only.” In order to determine a contractor’s responsibility for purposes of contract award in accordance with FAR Part 9, a statement regarding previous experience in performing comparable work, and/or plant to be used in performing the work is required. Please provide the following information in order to perform a preaward survey on your firm WITH YOUR BID:

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-4

1. List of projects completed for the past three years, including dollar amount of each contract.

2. List of projects in progress, percentage of work completed, including dollar value of each contract.

3. The name and qualifications of the employee designated to act as the Project Superintendent/Manager for this contract.

4. Copy of latest financial statement.

5. General description of your firm.

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)

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-5

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.]

52.211-5000 EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)--EFARS

Item Nos. 0002, 0004, 0006, 0008, 0010, 0012, are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

(End of clause)

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.

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.

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

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-6 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.

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.

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.

(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.

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-7

(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.

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.

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

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-8 it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

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.

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-10-B-0011 Bid Opening Date: Refer to SF 1442, “Solicitation, Offer & Award” Block No.13A

ADDRESS ENVELOPES TO:

Department of the Army U. S. Army Engineer District, Los Angeles ATTN: Contracting Division C/O: Lucia A. Carvajal or Cynthia McManus 915 Wilshire Blvd 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 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.

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 (Lucia A. Carvajal at 213.452.3240 or Cynthia McManus at 213.452.3247). .

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.

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-9

In addition, no more than 2 visitors per firm will be permitted within the building. No exceptions will be made. The offeror is responsible for compliance with the security requirements and shall ensure that any company representative, courier or delivery personnel are aware of these special procedures pertaining to hand carried bids.

52.214-5000 ARITHMETIC DISCREPANCIES EFARS 52.214-5000

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

(1) Obviously misplaced decimal points will be corrected;

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

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

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

(b) For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends his bid to be evaluated on the 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)

52.0214-4583 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.

52.0214-4599 EVALUATION FOR AWARD

The Government contemplates award of one contract to the responsive, responsible bidder who submits the low bid for the total of all the items in the Bidding Schedule.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-10

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)

52.219-4003 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) 452-3938

52.219-4009 SUBCONTRATING PLAN REQUIREMENT– FOR LARGE BUSINESS CONCERNS

ONLY

Sub-contracting plans are required for all construction contracts awarded to a large business when the award amount exceeds $1,000,000.00. If the successful bidder is a large business, the firm will be required to submit a sub-contracting plan upon request. The plan shall be prepared in accordance with FAR 52.219-

9. Failure to submit an acceptable sub-contracting plan may make the bidder ineligible for award of the contract. To be acceptable, the plan must adequately address the six statutory elements and provide sufficient information to enable the Contracting Officer to answer affirmatively questions A through H of Appendix DD, Part 2, AFARS 19.705. The Los Angeles District sub-contracting goals are specific percentages of the contractor’s total planned subcontract amount. The goals are as follows: 51.2% with small business, 8.8% with small disadvantaged business, 7.3% with women owned business, 1.5% with service disabled veteran owned small business and 3.1% with HUBZone small business.

YOU ARE HEREBY REQUESTED TO INCLUDE WITH YOUR BID YOUR

SUBCONTRACTING PLAN - LARGE BUSINESSES ONLY. USE THE FOLLOWING

SAMPLE AS A TEMPLATE.

SAMPLE SUBCONTRACTING PLAN

Subcontracting Plan submitted in accordance with Public law 95-507 (The following format is established in accordance with FAR 52.219-9(d)(1) through (d)(11) and includes the required

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-11 statutory elements as described in FAR 19.704. It also includes additional requirements of the DFARS 219.704 and AFARS 5119.704. Evaluation of the Subcontracting Plan by the Government will be as prescribed in FAR 19.705 (and its Supplements).

Do not just address the following issues in short; follow the guidance of FAR 52.219-9 in its entirety. For example, Paragraph 11 below asks for a discussion of records; the plan should address all records described in FAR 52.219-9(d)(11(i) through (vi).

In accordance with FAR 19.704, if the Contract contains Options, the cumulative value of the Basic contract and all Options is considered in determining whether a subcontracting plan is necessary. Once it has been decided if a plan is necessary, the subcontracting plan shall contain separate parts, one for the Basic contract and one for each Option. In other words, it is necessary to address planned subcontracting dollars and percentages of total to be awarded to small, small disadvantaged, HUBZone Small,women-owned small, veteran-owned small, service-disabled veteran-owned small, Hispanic servicing institutions and tribal council universities, HBCU/MIs, and qualified nonprofit agencies for the blind and severely disabled separately for the basic contract and each option. Therefore, paragraphs 1 and 2 below must be prepared separately for the Basic Contract and each option. All other parts of the subcontracting plan only need to be addresses once.

If the Subcontracting Plan’s proposed subcontracting goals do not meet the Corps of Engineers’ subcontracting goals, the subcontracting plan must be submitted with a full explanation of the reasons for the lesser goals established by the plan. A small disadvantaged goal of less than five percent must be approved two levels above the Contracting Officer (DFARS 219.4).

PROJECT TITLE:

RFP/IFB NUMBER.:

CONTRACT NUMBER.:

CONTRACTOR NAME:

DIVISION:

INDIVIDUAL COMPLETING THIS PLAN:

TELEPHONE NUMBER

FAX NUMBER.:

EMAIL ADDRESS:

1. Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small businesses, small disadvantaged businesses, HUBZone small businesses, women-owned small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses as subcontractors. The offeror shall include all subcontracts that contribute to contract performance and may include a proportionate share of products and services that are normally allocated as indirect costs.

USACE

Subcontracting

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-12

Percentage Goals: Goals

Small Business _______% 70.0%

Small Disadvantaged Business _______% 6.2%

Women-Owned Small Business _______% 7.0%

HUBZone Small Business _______% 9.8%

Service-Disabled Veteran-Owned

Small Business _______% 3.0 %

Veteran-Owned Small Business _______% 3.0%

2. Statement of: (i) total dollars planned to be subcontracted, (ii) total dollars planned to be subcontracted to small business; (iii) total dollars planned to be subcontracted to veteran-owned small business; (iv) total dollars planned to be subcontracted to HUBZone small business; (v) total dollars planned to be subcontracted to small disadvantaged business; and (vi) total dollars planned to be subcontracted to women-owned small business.

Total Cost of Prime Contract: $____________

Total Dollars to be Subcontracted $____________ _______%*

To Small Business $____________ _______%**

To Small Disadvantaged Business $____________ _______%**

To Women-Owned Small Business $____________ _______%**

To HUBZone Small Business $____________ _______%**

To Service-Disabled Veteran-owned

Small Business $____________ _______%**

To Veteran-Owned Small Business $____________ _______%**

NOTES:

* Calculate percentage of Total Dollars to be Subcontracted to Total Cost of Prime Contract ** Calculate subcontracted dollars to each group to Total Dollars to be Subcontracted, NOT TO Total Cost of Prime Contract.

(Notes: Planned subcontracting includes all planned expenditures. Total estimated cost to subcontractors and goals must be established even if the contract is of the indefinite-delivery type.

Subcontracts awarded to small disadvantaged businesses, HUBZone small businesses, women-owned small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, Hispanic servicing institutions, and tribal council universities, HBCU/MIs, and qualified nonprofit agencies for the blind and other severely disabled count toward the overall small business goal. HBCU/MIs are counted as a subset of the small disadvantaged goal. The Corps of Engineers has not been assigned a set goal for, Hispanic servicing institution and tribal council universities, HBCU/MIs or qualified nonprofit agencies for the blind and other severely disabled.

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-13

In accordance with DFARS 219.703, qualified nonprofit agencies for the blind and other severely disabled that have been approved by the Committee for Purchase from People Who are Blind or Severely Disabled under the Javits-Wagner-O'Day (41 U.S.C. 46-48) are eligible to participate in the program as a result of 10 U.S.C. 2410d and section 9077 of Pub. L. 102-396 and similar sections in subsequent Defense Appropriations Acts.

Under this authority subcontracts awarded to such entities may be counted toward the prime contractor’s small business subcontracting goal.)

3. A description of the principal types of supplies and services to be subcontracted and an identification of the types planned for subcontracting to (i) small business concerns, (ii) small disadvantaged business concerns, (iii) HUBZone small business concerns, (iv) women-owned small business concerns, (v) veteran-owned small business concerns (vi) service-disabled veteran-owned small business concerns, (vii) Hispanic Servicing Institutions, and Tribal Council Universities, (viii) HBCUs and MIs, (ix) qualified nonprofit agencies for the blind and other severely disabled.

4. A statement of the method used in developing the proposed subcontracting goals for small business concerns, small disadvantaged business concerns, HUBZone small business concerns, women-owned small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, Hispanic Servicing Institutions and Tribal Council Universities, HBCUs and MIs, and qualified nonprofit agencies for the blind and other severely disabled.

5. A description of the method used to identify potential sources for solicitation purposes to assure small, small disadvantaged, HUBZone small, women-owned small, veteran-owned small, service-disabled veteran-owned small, Hispanic Servicing Institutions and Tribal Council Universities, HBCU and MI, and qualified nonprofit agencies for the blind and other severely disabled participation (e.g., existing company source lists, the Procurement Marketing and Access Network (PRO-Net) of the Small Business Administration (SBA), the list of certified small disadvantaged business concerns of the SBA, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, veteran-owned small, HUBZone small, small disadvantaged, women-owned small business, and service-disabled veteran-owned trade associations).

6. A statement as to whether or not the offeror included indirect costs in establishing the subcontracting goals, and if so, a description of the method used to determine the proportionate share of indirect costs to be incurred with: (i) small business concerns, (ii) small disadvantaged business concerns, (iii) HUBZone small business concerns, (iv) women-owned small business concerns, (v) veteran-owned small business concerns, (vi) service-disabled veteran-owned small business concerns, (vii) Hispanic Servicing Institutions and Tribal Council Universities, (viii) HBCUs and MIs, and (ix) qualified nonprofit agencies for the blind and other severely disabled.

7. The name of the individual employed by the offeror who will administer the offeror's subcontracting program and a description of the duties of the individual.

Name: ______________________________________________________

Title and Telephone Number: ________________________________

Address: ___________________________________________________

City, State and Zip Code: __________________________________

Duties (Attachment may be used):

Santa Barbara Harbor Maintenance Dredging W912PL-10-B-0011

00100-14

8. Describe the efforts the offeror will make to assure that small business concerns, small disadvantaged business concerns, HUBZone small business concerns, women-owned small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, Hispanic Servicing Institutions and Tribal Council Universities, HBCUs and MIs), and qualified nonprofit agencies for the blind and other severely disabled will have an equitable opportunity to complete for subcontractors under this contract.

9. I do herewith assure that this concern will include the clause at FAR 52.219-8 entitled "Utilization of Small Business Concerns" in all subcontracts which offer further subcontracting opportunities and will require all subcontractors (except small business concerns) who receive received subcontracts in excess of $500,000 ($1,000,000 for construction of any public facility) to adopt a plan similar to the plan agreed to by this concern and in consonance with the FAR clause 52.219-9.

10. I also assure that this concern will (i) cooperate in any studies or surveys as may be required,

(ii) submit periodic reports in order to allow the government to determine the extent of compliance by the offeror with the subcontracting plan, and (iii) submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts, and SF 295, Summary Subcontract Report, in accordance with the instructions of the forms, and (iv) ensure that the subcontractors under this contract agree to submit the required SF 294s and 295s. I assure that this concern will submit an SF 295 on Corps of Engineers projects only. The SF 295 shall be completed and distributed in accordance with the Corps of Engineers supplemental instructions. I will not report Corps of Engineers projects through any other agency unless authorized by the Contracting Officer.

11. Provide a description of the types of records the offeror will maintain to demonstrate procedures which have been adopted to comply with the requirements and goals set forth in the plan, including the establishment of source lists; and a description of its efforts to locate small business, small disadvantaged business, HUBZone small business, women-owned small business, veteran-owned small business, service-disabled veteran-owned small business, Hispanic Servicing Institutions and Tribal Council Universities, HBCUs and MIs, and qualified nonprofit agencies for the blind and other severely disabled. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

a. Source lists (e.g., PASS), guides, and other data that identify small business, small disadvantaged business, HUBZone small business, women-owned small business, veteran-owned small business, service-disabled veteran-owned small business, Hispanic Servicing Institutions and Tribal Council Universities, HBCUs and MIs), and qualified nonprofit agencies for the blind and other severely disabled.

b.…