W912PM-16-B-0008 _Amendment_0003_(Conformed_Copy).pdf

W912PM-16-B-0008-0003

SOLICITATION W912PM-16-B-0008 - WILMINGTON HARBOR MID-RIVER & MILITARY OCEAN TERMINAL SUNNY POINT (MOTSU)

MAINTENANCE DREDGING, NEW HANOVER AND BRUNSWICK COUNTIES, NORTH CAROLINA

THE MAGNITUDE OF CONSTRUCTION FOR THIS PROJECT IS BETWEEN $5,000,000 AND $10,000,000.

------------------- UNRESTRICTED ------------------------

RETURN SECTION 00 45 00 REPRESENTATIONS AND CERTIFICATIONS WITH BID. IF BID IS HAND-CARRIED, DELIVER TO 69 DARLINGTON AVENUE, WILMINGTON, NC 28403, ATTN: VICKIE GRANT, CONTRACT SPECIALIST (910)251-4804, PRIOR TO THE TIME AND DATE SPECIFIED BELOW FOR BID OPENING. DUE TO HEIGHTENED SECURITY CONDITIONS, ACCESS TO THE BUILDING IS CONTROLLED BY SECURITY PERSONNEL. PERSONS HAND-DELIVERING BIDS SHOULD TAKE CARE TO ALLOW SUFFICIENT TIME TO PERMIT COMPLETION OF SECURITY REQUIREMENTS AND DELIVERY OF THE BID TO THE DESIGNATED OFFICE PRIOR TO THE TIME SET FOR RECEIPT OF BIDS.

VERBAL AND WRITTEN REQUESTS FOR INFORMATION MUST BE DIRECTED TO THE PERSON LISTED IN ITEM 9 ABOVE. INQUIRIES AND REQUESTS THAT ARE DIRECTED TO ANY OTHER PERSON MAY NOT BE RELAYED TO THE PROPER PERSON AND, THEREFORE, MAY NOT BE ANSWERED. SEE 52.000-4011 IN SECTION 00 20 00 AND 52.214-4006 IN SECTION 00 21 00.

X

VICKIE L GRANT 910-251-4804

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

17-Jun-2016

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________300 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 73 00

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________22 Jul 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U S ARMY CORPS OF ENGINEERS

CONTRACTING - WILMINGTON DISTRICT

69 DARLINGTON AVENUE

WILMINGTON NC 28403

W912PM

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912PM-16-B-0008

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization and DemobilizationFOB: Destination

NET AMT

0002 240,000 Cubic

Yard

Dredging, Upper Big Island Channel In accordance with the plans and specifications. All quantities are estimated.

FOB: Destination

0003 170,000 Cubic

Dredging, Lower Lilliput Channel

0004 150,000 Cubic

Dredging, Horseshoe Shoal Channel

0005 50,000 Cubic

Dredging, Approach Channel South Entrance

0006 150,000 Cubic

Dredging, South Wharf Turning Basin & Approach Channel South to Center Wharf

0007 400,000 Cubic

Dredging, Center Wharf Turning Basin

0008 380,000 Cubic

Dredging, Approach Channel Middle Entran ce

0009 1 Job Performance and Payment Bonds

Optional Bid Item 1, Lower Big Island Channel

“Optional Bid Item 1. Dredging, Lower Big Island Channel. This is not a priced bid item and is included for information only. For bidding purposes, see sub-clins 0010AA and 0010AC.

0010AA 1 Job

0010AB 55,000 Cubic

Dredging, Lower Big Island Channel

0010AC 1 Job Performance and Payment BondsFOB: Destination

Optional Bid Item 2, Keg Island Channel

"Optional Bid Item 2. Dredging, Keg Island Channel. This is not a priced bid item and is included for information only. For bidding purposes, see sub-clins 0011AA and 0011AC.

0011AA 1 Job

0011AB 65,000 Cubic

Dredging, Keg Island Channel

0011AC 1 Job

Optional Bid Item 3, Upper Midnight Channel

“Optional Bid Item #3. Dredging, Upper Midnight Channel. This is not a priced bid item and is included for information only. For bidding purposes, see sub-clins 0012AA and 0012AC.

0012AA 1 Job

0012AB 225,000 Cubic

Dredging, Upper Midnight Channel

0012AC 1 Job

Optional Bid Item 4, Approach Channel Center to North Wharf & North Wharf

Turning Basin

“Optional Bid Item 4. Dredging, Approach Channel Center to North Wharf & North Wharf Turning Basin. This is not a priced bid item and is included for information only. For bidding purposes, see sub-clins 0013AA and 0013AC.

0013AA 1 Job

0013AB 350,000 Cubic

Dredging, Approach Channel Center to North Wharf & North Wharf Turning Basin

0013AC 1 Job

Optional Bid Item 5, Security Boat Basin

“Optional Bid Item #5. Dredging, Security Boat Basin. This is not a priced bid item and is included for information only. For bidding purposes, see sub-clins 0014AA and 0014AC.

0014AA 1 Job

0014AB 10,000 Cubic

Dredging, Security Boat Basin

0014AC 1 Job

BID SCHEDULE

FY 16-17 Maintenance Dredging Wilmington Harbor Mid-River/MOTSU

Bidding Schedule (Amend 0001)

TOTAL FOR ITEMS 0001 - 0009 $__________________________

OPTIONAL BID ITEMS

TOTAL FOR OPTIONAL BID ITEM #1 $___________________

Lower Big Island Channel

TOTAL FOR OPTIONAL BID ITEM #2 $___________________

Keg Island Channel

TOTAL FOR OPTIONAL BID ITEM #3 $___________________

Upper Midnight Channel

TOTAL FOR OPTIONAL BID ITEM #4 $___________________

Approach Channel Center to North Wharf & North Wharf Turning Basin

TOTAL FOR OPTIONAL BID ITEM #5 $___________________

Security Boat Basin

OVERALL TOTAL FOR ALL $__________________________

OPTIONAL BID ITEMS

OVERALL TOTAL FOR ALL $__________________________

CLIN ITEMS & OPTIONAL BID ITEMS

NOTICE TO BIDDERS

THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE ANY OR ALL OF

THE OPTIONAL BID ITEMS WITHIN 90 CALENDAR DAYS AFTER DATE OF

AWARD.

(AMENDMENT 0002 CHANGE------------------------------------------

THE COMPLETION OF ALL WORK TO INCLUDE ALL OPTIONAL BID ITEMS,

IF EXERCISED, SHALL BE NOT LATER THAN THREE HUNDRED (300)

CALENDAR DAYS AFTER ISSUANCE OF NOTICE TO PROCEED. --------

PERFORMANCE OF ALL WORK UNDER THIS CONTRACT, INCLUDING

OPTIONAL BID ITEMS, IF AWARDED, SHALL BE COMPLETED IN

ACCORDANCE WITH THE FOLLOWING ENVIRONMENTAL WINDOWS

ACCORDING TO THE LOCATION AND DREDGE USED:

1. FOR SECURITY BOAT BASIN: 1 October – 31 March

2. FOR HOPPER DREDGES:

- Horseshoe Shoal Channel, 1 December – 31 March

- Upstream of Horseshoe Shoal Channel to Upper Lilliput Channel, 1 December – 31 January

- From Upper Lilliput Channel to Wilmington, 1 August to 31 January

3. FOR HYDRAULIC CUTTER SUCTION DREDGES:

- Horseshoe Shoal Channel, NO environmental window

- Upstream of Horseshoe Shoal Channel, 1 August – 31 January

4. FOR MECHANICAL DREDGES (clamshell, dragline or dipper):

NO environmental windows

PRE-AWARD INFORMATION

A contract shall be awarded to a responsible prospective contractor.

Before award, to be determined responsible, a prospective contractor must submit the following information with the bid:

THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH BID

a. Current Financial Statement

b. Furnish a completed Small Business Subcontracting Plan (LARGE BUSINESS ONLY)

Section 00 20 00 - Instructions for Procurement

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4011 OBTAINING INFORMATION REGARDING THIS SOLICITATION (Sep 2003 (Wilmington Local Instruction)

Read this paragraph in conjunction with contract provision FAR 52.214-6, Explanation to Prospective Bidders.

Written requests for explanations or interpretation of the solicitation, drawings or specifications must be sent to the person identified in item 9 of the Standard Form 1442, or item 10 of the Standard Form 33, whichever form is applicable to this solicitation. Requests may be sent via facsimile to 910-251-4454. Inquiries and requests that are directed to any other person may not be relayed to the proper person and, therefore, may not be answered.

(End)

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 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 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 52.217-5 Evaluation Of Options JUL 1990 52.225-10 Alt I Notice of Buy American Requirement--Construction

Materials (Feb 2009) Alternate I

MAY 2014

52.232-18 Availability Of Funds APR 1984 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

52.000-4001 HANDCARRIED BIDS/PROPOSALS (Sep 2003)

1. If bids/proposals are handcarried, deliver them to the U. S. Army Corps of Engineers, Wilmington District, Attn: Contracting, 69 Darlington Avenue, Wilmington, North Carolina, 28403. All bids/proposals must be received in the Contracting Office not later than the exact time specified for bid opening or time specified for receipt of proposals.

2. Due to security measures at the Wilmington District Office, you should allow sufficient time for delivery of the bid/proposal to ensure it is received timely.

52.000-4028 INFORMATION TO ALL CONTRACTORS

System for Award Management (SAM) and Electronic Funds Transfer (EFT) (Wilmington Local Instruction Feb 2013)

1. All contractors must register in the System for Award Management (SAM) database before they can be awarded a contract. You may register at http://www.sam.gov. SAM information or help is also available by calling 866-606-8220.

2. Public Law 104-134 requires the use of Electronic Funds Transfer (EFT) for all Federal payments. EFT information will be pulled from your SAM by the USACE FINANCE CENTER, 5720 INTEGRITY DRIVE, MILLINGTON, TN 38054-5005 for contractor payments.

(End of Local Instruction)

52.209-4005 PRE-AWARD INFORMATION

1. Contracts shall be awarded to responsible prospective contractors only. Before award, to be determined responsible, a prospective contractor must:

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and government business commitments;

c. Have a satisfactory performance record;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2. Each Bidder shall, upon request of the Contracting Officer, furnish information on any or all of the above areas so that the Contracting Officer can make an affirmative determination of responsibility or nonresponsibility.

(End of Paragraph)

52.214-4006 Solicitation/Technical Inquiries via ProjNet (Local Instruction CECT-SAW October 2012)

1. Solicitation/Technical Inquiries.

a. Inquiries are to be submitted via Bidder Inquiry at the ProjNet website at https://www.projnet.org <https://www.projnet.org> .

b. If you have technical problems accessing the Bidder Inquiry via the ProjNet website, contact the ProjNet Help Desk at 1-800-428-4357 (HELP). This number is for technical issues accessing the website ONLY.

2. Read this paragraph in conjunction with contract provision FAR 52.214-6, “Explanation to Prospective Bidders”.

3. Any prospective bidder/offeror desiring an explanation or interpretation of the solicitation, drawings specifications, etc., must request it in writing via Bidder Inquiry in ProjNet within no less than ten (10) calendar days prior to the date of bid opening or receipt of proposals. The Government reserves the right to decline addressing questions received less than ten

(10) calendar days prior to receipt of bid opening or receipt of proposals.

4. No Inquiries will be accepted by the Bidder Inquiry system within ten (10) calendar days prior to the date of bid opening. However, you may still access the Bidder Inquiry system to view answers/replies to previous inquiries until the bid opening.

5.ProjNet - Bidder Inquiry module.

a. To submit and review bid inquiry items, bidders/offerors will need to be a current registered user or self-register into system. To access Bidder Inquiry, go to the ProjNet web page at http://www.projnet.org <http://www.projnet.org> and click the “Quick Add” link. Once at the Quick Add screen, select agency USACE, enter Bidder Inquiry Key for this solicitation listed below, and bidder’s/offeror’s e-mail address, then click login. If this is bidder’s/offeror’s first time logging in they will be taken to the Bidder Inquiry Create Account screen to self-register. Fill in all required information and click create user. Verify that information on next screen is correct and click continue. Please remember your Secret Question Answer and email address used for future access to this website.

b. From this page you may view all bidder/offeror inquiries under Reports or post a new inquiry under Submit.

c. Bidders/Offerors will receive an acknowledgement of their question via email, followed by another email notification that an answer to their question has been posted after it has been reviewed by our technical team and responded to by a Contracting Officer. It is the responsibility of the Bidder/Offeror to check their junk email and email delivery options to ensure delivery of these acknowledgement emails.

d. Bidders/Offerors are responsible for checking bid inquiry items.

e. Bidders/Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The name of the submitter or firm is not published for the public on the report of all Bidder Inquiries. Bidders/ Offerors are on notice of, and assumed to be aware of, all inquiries, responses, and information posted in the Bidder Inquiry System up to the date of bid submission, whether the inquiry was generated by the Bidder themselves or another potential Bidder/ Offeror. Bidders are responsible for incorporating all such information into their bid, or for requesting further clarification."

6. Solicitation Information: IFB/RFP No: W912PM-16-B-0008

Bidder Inquiry Key: PT8VQ7-WBBVR8

(end)

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)

52.219-4001 I SUBCONTRACTING PLAN SMALL BUSINESS GOALS (Oct 2012)

(CESAW-CT Local Instruction)

1. Attention is directed to Federal Acquisition Regulations (FAR) clause 52.219-9 “Small Business Subcontracting Plan” and Defense Federal Acquisition Regulations Supplement (DFARS) clause 252.219-7003 “Small Business Subcontracting Plan (DoD Contracts). Subcontracting plans will be evaluated in accordance with Army Federal Acquisition Regulations Supplement (AFARS) Appendix DD, (APDD) “Subcontracting Plan Evaluation Guide”.

The guide is available at: http://farsite.hill.af.mil/reghtml/regs/other/afars/APDD.htm

2. Acceptability of the plan will be one of the elements considered by the Contracting Officer when determining contractor responsibility prior to award of a contract.

3. Subcontracting plans should be realistic, challenging, achievable, with positive percentage and dollar subcontracting goals with:

a. Small Business (SB)

b. Small Disadvantaged Business (SDB)

c. Women Owned Small Business (WOSB)

d. Service Disabled Veteran Owned Small Business (SDVOSB)

e. Veteran Owned Small Business (VOSB)

f. Historically Underutilized Business Zone (HUBZone)

g. Historically Black Colleges and Universities and Minority Institutions (HBCU/MI)

4. If the proposed subcontracting goals are lower than the below U. S. Army Corps of Engineers “targets” for subcontracting, you are required to provide written justification with your proposed subcontracting plan to fully support your rationale for using lower goals.

5. You are reminded that contractors are measured against the approved subcontracting plan goals and may be assessed liquidated damages if a good faith effort has not been made toward meeting the agreed-upon goals. (See FAR clause 52.219-16 “Liquidated Damages – Subcontracting Plan”.

6. The following subcontracting targets have been assigned to the U. S. Army Corps of Engineers (USACE)

USACE Subcontracting Targets

a. Small Business (SB) 40.0%

b. Small Disadvantage Business (SDB) 3.0%

c. Women Owned Small Business (WOSB) 7.0%

d. HUBzone Small Business (HUBzone) 1.0%

e. Veteran-Owned Small Business (VOSB) 3.0%

f. Service Disabled Veteran Owned SB (SDVOSB) 3.0%

7. Stated percentages are based on the total amount of planned subcontracting.

8. Additional information concerning subcontracting plan requirements may be obtained from Ms. Donna Walton, Deputy for Small Business, Phone: 910-251-4452.

(End of local instruction)

52.219-4002 REPORTING REQUIREMENTS--SUBCONTRACTING PLAN (CESAD-CT JUL 1993)

(a) Retainage will be withheld from progress payments in an amount sufficient to protect the Government's ability to assess Liquidated Damages in accordance with FAR clause 52.219-0016 for failure to submit timely SF 294 and SF 295 Reports. The amount of retainage will be determined in accordance with the following formula:

(b) Total dollar amount proposed for subcontracting to small business multiplied by percentage of actual progress on the contract, up to a maximum of 10% of the given progress payment, shall be withheld from the next progress payment due after a contractor fails to submit a required report. If one or more reports have been submitted before such failure, formula for determining the amount of retainage will be adjusted by deducting any amounts reported as subcontracted to small business from the total dollar amount proposed to be subcontracted and the difference multiplied by the percent of actual progress, up to a maximum of 10% of the given progress payment.

(End of clause)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

20.7% 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 New Hanover and Brunswick Counties, North Carolina.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be TWENTY percent (20%) of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from U.S. Army Corps of Engineers Wilmington District, Attn: Charlenne Figgins, Contracting Officer, 69 Darlington Avenue, Wilmington, NC 28403.

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

52.236-4011 Disclosure of Magnitude of Construction (FAR 36.204 and DFARS 236.204)

The estimated price range for this project is between $5,000,000 and $10,000,000.

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

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

http://farsite.hill.af.mil/ http://www.acquisition.gov/far/

Section 00 45 00 - Representations and Certifications

52.0000-4036 PLANT AND EQUIPMENT SCHEDULE

PLANT AND EQUIPMENT SCHEDULE

Available Plant to be Used

NO. Type Capacity Manufacturer Age and Condition Location

NOTES: THE BIDDER SHALL INSERT THE FOLLOWING INFORMATION UNDER THE APPROPRIATE

HEADING, USING A SEPARATE LINE FOR EACH MAJOR ITEM AND AN ADDITIONAL PAGE IF

NECESSARY.

a. Number. For dredges give identifying number and name.

b. Type. Under this heading give description as follows: For bucket and dipper dredges show bucket capacity in cubic yards, horsepower of hoist engine, type of power, and number of swings per hour;

for pipeline dredges show inside diameter of discharge pipe, horsepower of pump engine, and type of power.

c. Capacity. Under this heading, state the estimated capacity of the plant in cubic yards per month when working materials similar to those which it is anticipated will be encountered in the performance of the work.

d. The listing of plant herein is not to be construed as an agreement on the part of the Government that it is adequate for performance of the work.

The following statement will be executed by all bidders: The plant (will, will not) have the facilities for furnishing the meals required by paragraph entitled “Accommodations and Meals for Inspectors” of the Supplementary Special Contract Requirements of the specifications.

ENG FORM 1619R

1 May 1959

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

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

(2) The small business size standard is $27,500,000.00.

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

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

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

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

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

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

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

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

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

XX (ii) 52.204-20, Predecessor of Offeror.

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

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

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

XX (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

XX (vii) 52.227-6, Royalty Information.

XX (A) Basic.

XX (B) Alternate I.

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

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

FAR Clause Title Date Change

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

52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

52.204-4001 OFFEROR IDENTIFICATION (CESAS-CT-C APR 1993)

Offeror is requested to furnish the following information:

Name/Address: ____________________________________________________________

Telephone No. ____________________________________________________________

DUNS: ________________________ CAGE: _______________________

52.204-4002 CORPORATE CERTIFICATE (MAR 1994 CESAS-CT) (Ref. FAR 4.102(c))

The offeror shall execute and affix seal on attached Corporate Certificate if the company is incorporated. Company name on the seal should always be the same as company name on Page A-1 of the solicitation. If a proposal is signed by an officer of the company, the certificate shall be certified by another officer of the company. If the proposal is signed by someone other than an officer of the company, the proposal must be accompanied by: (1) a Corporate Resolution that individual signing the contract has authority to bind the company; or (2) a Corporate Resolution stating that an officer of the company may appoint individuals to sign proposals and bind the company.

NOTE: Contractor, if a corporation, should cause the following certificate to be executed under its corporate seal, provided that the same officer shall not execute both the contract and the certificate.

CERTIFICATE

I, ________________________________________________ , certify that I am

____________________________________________of the corporation named Contractor herein, that

_____________________________________________ signed this contract on behalf of the Contractor, was then ______________ of said corporation; that said contract was duly signed for and in of said corporation by authority of its governing body, and is within the scope of its corporate powers.

____________________________________ (CORPORATE SEAL)

(Signature)

52.204-4003 TAXPAYER IDENTIFICATION

Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(a) Taxpayer Identification Number (TIN).

___ TIN:.___________________________

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(b) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other ______________________________

(c) Common parent.

___ Offeror is not owned or controlled by a common parent

___ Name and TIN of common parent:

Name _________________________________

TIN ___________________________________

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant.