A21 - W912PM25BA010_AMDT0001_Conformed Copy_07-10-2025_Final.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

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

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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section 00 00 00 - Procurement and Contracting Requirements

FY26 South Atlantic Division (SAD) Regional Harbor Dredging Contract (RHDC), Contract 2

W912PM25BA0100001

Section 00 01 15 - List of Drawing Sheets

A21 - Wage Determination - Brunswick Harbor, Dated 5-12-2025

A21 - Wage Determination - NC20250019, Dated 2-21-25

A21 - Locked_W912PM25BA010_Maintenance-Dredging_SAD_Regional-Harbor-Dredging-Contract-2 1

A21 - Unlocked_W912PM25BA010_Maintenance-Dredging_SAD_Regional-Harbor-Dredging-Contract-2 1

A21 - rev3RTA-SPECS_W912PM25BA010_FY26-SAD-RHDC-CNTRCT2

Identifier Attachment Name Attachment Description

Reference Identifier

Date Line Item

# Of Pages

Provided Under Separate Cover

A21 - Wage Determination - Brunswick Harbor, Dated 5-12-2025

Wage Determination

May

12 No

A21 - Wage Determination - NC20250019, Dated 2-21-25

Wage Determination

May

6 No

A21 - Locked_W912PM25BA010_Maintenance- Dredging_SAD_Regional-Harbor-Dredging- Contract-2 1

Specification Jun

25 No

A21 - Unlocked_W912PM25BA010_Maintenance- Dredging_SAD_Regional-Harbor-Dredging- Contract-2 1

Specification Jun

25 No

A21 - rev3RTA-

SPECS_W912PM25BA010_FY26-SAD-

RHDC-CNTRCT2

Specification Jul

387 No

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

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Mobilization and Demobilization for all Base Items

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1 Job

Performance and Payment Bonds for all Base Items

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option- Inter-project Transit Miles First 235 Miles - for unexpected moves for reasons to include environment concerns, navigational needs, funding purposes and more advantageous to the Government *Available entire contract duration.

Amount is estimated and is only to be used for bid evaluation purposes.

The VEQ clause does not apply to this line item.

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

235 Miles

Option Line Item

Option- Inter-project Transit Miles

- All over 235 Miles - for unexpected moves for reasons to include environment concerns, navigational needs, funding purposes and more advantageous to the Government *Available entire contract duration.

Amount is estimated and is only to be used for bid evaluation purposes.

The VEQ clause does not apply to this line item.

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1,000 Miles

Maintenance Dredging, St Simons Range, Station 0+000 to -45+000 (Bin limits are required for placement in the Brunswick ODMDS)

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1,500,000 Cubic Yard

Cedar Hammock Range Stations 12+750 to 22+000

Pricing Arrangement: Firm Fixed Price

125,000 Cubic Yard

Maintenance Dredging, Morehead City Harbor, Range B

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

150,000 Cubic Yard

Maintenance Dredging, Morehead City Harbor, Cutoff & Range A Stations 21+00 to 191+00

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

300,000 Cubic Yard

Option Line Item

Option - Stand By Time Morehead City

- One Day

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1 Days

Option Line Item

Option - Stand By Time Morehead City

- All Over One Day

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1 Days

Option Line Item

Option- Trawling Requirements (abundance/relocation) Morehead City

- First Five Days

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

5 Days

Option Line Item

Option- Trawling Requirements (abundance/relocation) Morehead City

- All Over Five Days

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

30 Days

Option Line Item

Option- Maintenance Dredging, Morehead City Harbor, Range A Stations 21+00 to 191+00 Dredge Depth -47'+2'

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

600,000 Cubic Yard

Option Line Item

Option - Performance and Payment Bonds For CLIN 0013

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1 Job

Section 00 21 00 - Instructions

TOTAL AMOUNTS

TOTAL AMOUNT OF LINE ITEMS 0001 - 0004 $___________________

TOTAL AMOUNT OF LINE ITEMS 0005 - 0006 $___________________

TOTAL AMOUNT OF LINE ITEMS 0007 - 0014 $___________________

TOTAL AMOUNT OF ALL LINE ITEMS 0001 - 0014 $___________________

NOTES TO BIDDERS

NOTE 1:

PLEASE BE SURE TO INCLUDED UNIT PRICES ON ALL ITEMS AS WELL AS EXTENDED PRICES AND INCLUDE UNIT PRICES ROUNDED TO TWO (2)

DECIMAL PLACES.

NOTE 2:

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 BIDS FOR AWARD PURPOSES, BY ADDING THE TOTAL PRICE FOR ALL OPTIONS TO THE TOTAL PRICE FOR THE BASIC REQUIREMENT. THE EVALUATION OF OPTIONS WILL NOT OBLIGATE THE GOVERNMENT TO EXERCISE THE OPTION.

NOTE 3:

THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE OPTIONAL CLINS 0013 AND 0014 WITHIN 30 DAYS OF CONTRACT AWARD. THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE ALL OTHER OPTIONAL BID ITEMS NO LATER THAN 15 APRIL 2026.

NOTE 4:

THE EXERCISE OF THE OPTIONAL BID ITEMS SHALL BE SUBJECT TO THE AVAILABILITY OF FUNDS.

NOTE 5: THERE IS AN ORDER OF WORK FOR THIS CONTRACT. BRUNSWICK HARBOR SHALL BE COMPLETED FIRST, FOLLOWED BY MOREHEAD CITY. IN THE EVENT A CONTRACTOR ELECTS TO USE MULTIPLE DREDGES ON THE CONTRACT, BOTH PROJECTS COULD BEGIN AT THE SAME

TIME.

NOTE 6: HOPPER DREDGE ENVIRONMENTAL WINDOW:

THE ENVIRONMENTAL WINDOW FOR BRUNSWICK HARBOR IS 15 DECEMBER THROUGH 31 MARCH.

THE ENVIRONMENTAL WINDOW FOR MOREHEAD CITY IS 01 DECEMBER THROUGH 15 APRIL.

NOTE 7:

CLINS 0003, 0004, 0009, 0010, 0011, AND 0012 INCLUDE ESTIMATED AMOUNTS OF TRANSIT MILES, STANDBY DAYS OR TRAWLING DAYS THAT THE GOVERNMENT ANTICIPATES WILL BE NECESSARY OVER THE COURSE OF THIS CONTRACT. ACTUAL QUANTITIES WILL BE DETERMINED BY THE GOVERNMENT AS THE NEED ARISES. CLINS 0003, 0004, 0009, 0010, 0011, AND 0012 ARE ESTABLISHED TO DETERMINE A PRICE FOR TRANSIT MILES, STANDBY DAYS OR TRAWLING DAYS SHOULD THOSE QUANTITIES EXCEED THE GOVERNMENT'S ESTIMATE, UP TO THE TOTAL AMOUNT

OF DAYS IDENTIFIED IN ALL OF THE ABOVE NAMED CLINS.

NOTE 8: WAGE DETERMINATION (WD)

WD NUMBER NC20250019, DATED 02-21-2025 DOES NOT INCLUDE HOPPER DREDGING. IF THERE ARE ANY CLASS OF LABORERS OR MECHANICS WHICH ARE NOT LISTED IN THE WAGE DETERMINATION AND WHICH ARE TO BE EMPLOYED UNDER THE CONTRACT, THEY SHALL BE CLASSIFIED IN CONFORMANCE WITH WAGE DETERMINATION NC20250019. CONTRACTORS CAN REQUEST ADDITIONAL CLASSES AND RATES AFTER CONTRACT AWARD BY SUBMITTING AN SF 1444 TO THE CONTRACTING OFFICER. (THE SF-1444 CAN BE DOWNLOADED FROM THE "LIBRARY" SECTION ON THE WDOL WEBSITE (HTTP://WWW.WDOL.GOV) AND IT IS IN THE FAR AT 48 C.F.R. (S) 53.301-1444.)

(END OF NOTICE TO BIDDERS)

HAND CARRIED BIDS AND OTHER FORMS OF ELECTRONIC BID SUBMISSION, TO INCLUDE EMAIL, (CD-ROM) DISCS AND FACSIMILE TRANSMISSIONS, ARE NOT AUTHORIZED. ALL BIDS MUST BE SUBMITTED ELECTRONICALLY THROUGH PIEE.

Bids shall be hand or electronically signed by a duly authorized official of the Offeror's company and are required to be submitted via the PIEE website at https://piee.eb.

mil. Electronic signatures are permitted on both the SF 1442 and on the bid bonds. Contractors are not required to submit the original bid documents after the bid opening. Instructions for use of PIEE are available on the SAM.gov website as a separate document alongside this solicitation.

Invitation For Bid No: W912PM25BA0010 Due Date of Bid: 05 August 2025 Time by which Bids are due: 1:00 P.M. (Eastern) Time by which Bids will be read: 2:00 P.M. (Eastern) Title of Project: FY26 MAINTENANCE DREDGING, SOUTH ATLANTIC DIVISION (SAD) REGIONAL HARBOR DREDGING CONTRACT (RHDC) 2

Bidders are responsible for allowing sufficient time for the bid to be processed for receipt and are cautioned to follow any and all guidance published by PIEE regarding transmission times. The Government will not be responsible for any portion of the bids delivered to any location or to anyone other than those designated to receive bids on its behalf. Bidders are responsible for ensuring that bids are submitted and received by the office designated for receipt of bids. Bidders are responsible for allowing sufficient time for the bids to be transmitted via PIEE.

Each bidder must submit a Bid via the PIEE website. No hard paper copies will be accepted or evaluated. The Bid must be received by the closing date and time set for receipt of bids. In an effort to reduce paperwork and reduce cost, all bids shall be submitted electronically. All submissions shall be in Adobe PDF format and shall be on 8 1/2 x 11 size pages in no less than a 10 pitch or 10 font. Page limitations, where specified in the IFP, shall be considered a maximum. Bidders may use compressions utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

Title the file(s) in the following format:

W912PM25BA010_COMPANY NAME_File name

Do not assume that electronic communication is instantaneous - in fact, it can take several minutes or even hours in some cases. Please make allowances for delays in transmittal.

The Government will not be responsible for bids delivered to any location or to anyone other than those designated to receive bids on its behalf. Bidders are responsible for ensuring that bids are submitted timely and reach the designated recipient of bids. Bidders are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided.

(End)

INFORMATION TO ALL CONTRACTORS

System for Award Management (SAM) and Electronic Funds Transfer (EFT)

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 Paragraph)

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.

3. A contract shall be awarded to a responsible prospective contractor. Before award, to be determined responsible, a prospective contractor must submit the following information within three (3) days of request:

a. Current Financial Statement

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

(End of Paragraph)

BID OPENING

The bid opening will be held via Microsoft Teams. If you would like to receive the Microsoft Teams invite, please email Diana.d.curl@usace.army.mil and Rosalind.m.shoemaker@usace.army.mil no later than 04 August 2025.

Bidders who choose to attend the bid opening in person, may do so at the specified time. The location of the bid opening is the District Office, 69 Darlington Ave, Wilmington NC 28403.

(End)

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-7 System for Award Management. Nov 2024 52.204-16 Commercial and Government Entity Code Reporting. Aug 2020 52.204-22 Alternative Line Item Proposal. Jan 2017 52.214-3 Amendments to Invitations for Bids. Dec 2016 52.214-4 False Statements in Bids. Apr 1984 52.214-5 Submission of Bids. Dec 2016 52.214-6 Explanation to Prospective Bidders. Apr 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. Nov 1999 52.214-34 Submission of Offers in the English Language. Apr 1991 52.214-35 Submission of Offers in U.S. Currency. Apr 1991 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. May 2014 52.232-13 Notice of Progress Payments. Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. Jan 2023

FAR Clauses Incorporated by Full Text

52.216-1 Type of Contract. (Apr 1984)

Type of Contract (Apr 1984)

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

(End of provision)

52.228-1 Bid Guarantee. (Sep 1996)

Bid Guarantee (Sept 1996)

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.(a)

The bidder shall furnish a bid guarantee in the form of a firm commitment, bid bond supported by good and sufficient surety or sureties (b) e.g., 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-

To unsuccessful bidders as soon as practicable after the opening of bids; and(1)

To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as (2) required by the bid as accepted.

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

If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual (d) 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.

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 (e) bid guarantee is available to offset the difference.

(End of clause)

52.233-2 Service of Protest. (Sep 2006)

Service of Protest (Sept 2006)

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 (a) 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 .Rosalind Shoemaker, 69 Darlington Ave., Wilmington, NC 28403

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

(End of provision)

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

Site Visit (Construction) (Feb 1995)

The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any (a) contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

Site visits may be arranged during normal duty hours by contacting:(b)

Name: T J Knight

Address: 69 Darlington Ave, Wilmington, NC 28403

Telephone: 910-251-4841

(End of Provision)

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

Solicitation Provisions Incorporated by Reference (Feb 1998)

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

https://www.acquisition.gov/

(End of provision)

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

Authorized Deviations in Provisions (Nov 2020)

The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the (a) addition of "(DEVIATION)" after the date of the provision.

The use in this solicitation of any (48 CFR Chapter ) provision with an authorized deviation is indicated by the addition of (b) FAR and DFARS 1 & 2 "(DEVIATION)" after the name of the regulation.

(End of provision)

DFARS Clauses Incorporated by Full Text

252.215-7008 Only One Offer. (Dec 2022)

ONLY ONE OFFER (DEC 2022)

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

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and

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

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

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

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

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable .Other than certified cost and pricing data

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

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

(End of provision)

Section 00 21 13 - Instructions to Bidders

DISCLOSURE OF MAGNITUDE

Disclosure of Magnitude of Construction (FAR 36.204 and DFARS 236.204)

The estimated price range for this project is between $25,000,000.00 and $100,000,000.00

PROJNET

1. Solicitation/Technical Inquiries.

a. Inquiries are to be submitted via the Bidder Inquiry at the ProjNet website at 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. This section is 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 the Bidder Inquiry in ProjNet within no less than ten 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 calendar days prior to receipt of bid opening or receipt of proposals.

4. 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 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.

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."

5. Solicitation Information: IFB/RFP No: W912PM25BA010 Bidder Inquiry Key: 8UX4V4-IMP9SS

SUBCONTRACTING PLAN GOALS

SUBCONTRACTING PLAN SMALL BUSINESS GOALS

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: https://www.acquisition.gov/afars/subcontracting-plan-evaluation-guide

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, and 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) 28.40%

b. Small Disadvantage Business (SDB) 10.67%

c. Women Owned Small Business (WOSB) 2.34%

d. HUBzone Small Business (HUBzone) 1.42%

e. Service-Disabled Veteran Owned SB (SDVOSB) 2.07%

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

8. Additional information concerning subcontracting plan requirements may be obtained from Ms. Andrea Green, Deputy for Small Business, Phone: 910-251-4774.

(End of Instruction)

REPORTING REQUIREMENTS

REPORTING REQUIREMENTS--SUBCONTRACTING PLAN

(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 52.219-16 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)

HARBOR MAINTENANCE FEE

Offerors or bidders contemplating use of U. S. ports in the performance of contract work are subject to paying a harbor maintenance fee as authorized under Section 1402 of the Water Resource Development Act of 1986 (Public Law 99-662). The fee imposed by the act is equal to a percentage (as set forth by the Act and amendments thereto) of the value of the commercial cargo involved. Firms performing work under U. S. Government contracts are not exempt from the act. Offerors and bidders are responsible for ensuring the applicable fee and associated cost are taken in the preparation of their offer or bid. Information pertaining to the act and list of U. S. ports which subjects the cargo to the harbor maintenance fee may be obtained from local U. S. Customs Service Offices or by writing to the Director, User Fee Task Force, Division of Inspection and Control, Room 4132, U.

S. Customs Service, 1301 Constitution Avenue, N. W., Washington, DC 20229.

(End)

Section 00 22 00 - Supplementary Instructions

FAR Clauses Incorporated by Full Text

52.217-4 Evaluation of Options Exercised at Time of Contract Award. (Jun 1988)

Evaluation of Options Exercised at Time of Contract Award (June 1988)

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 the total price for the basic requirement together with any option(s) exercised at the time of award.

(End of provision)

52.217-5 Evaluation of Options. (Jul 1990)

Evaluation of Options (July 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)

Section 00 45 00 - Representations and Certifications

PLANT AND EQUIPMENT SCHEDULE

Available Plant to be Used

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 (End)

Offer Identification Offeror is requested to furnish the following information:

Name/Address: ____________________________________________________________

Telephone No. ____________________________________________________________

UEI: ________________________ CAGE: _______________________

(End of Provision) Corporate Certificates

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)

(End of provision) 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 ___________________________________

(End of Provision)

FAR Clauses Incorporated by Reference

Number Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-24 Nov 2021

52.204-26 Oct 2020 52.204-29 Dec 2023 52.209-2 Nov 2015 52.209-7 Oct 2018 52.209-13 Nov 2021 52.222-38 Feb 2016 52.229-12

Title

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Covered Telecommunications Equipment or Services-Representation.

Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures.

Prohibition on Contracting with Inverted Domestic Corporations-Representation.

Information Regarding Responsibility Matters.

Violation of Arms Control Treaties or Agreements-Certification.

Compliance with Veterans Employment Reporting Requirements.

Tax on Certain Foreign Procurements. Feb 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016 252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation. Dec 2019

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

May 2021

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

252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.

Aug 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.

Jun 2023

DFARS Clauses Incorporated by Full Text

252.204-7007 Alternate A, Annual Representations and Certifications. (Oct 2024) Alternate A (Oct 2024)

ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2024)

Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

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

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (e) applies.

(ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

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

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services-Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)-Representation. Applies to solicitations and contracts when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and contracts when contract performance will be in Spain.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer:

(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

(ii) 252.225-7000, Buy American-Balance of Payments Program Certificate.

(iii) 252.225-7020, Trade Agreements Certificate.

Use with Alternate I.

(iv) 252.225-7031, Secondary Arab Boycott of Israel.

(v) 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments Program Certificate.

Use with Alternate I.

Use with Alternate II.

Use with Alternate III.

Use with Alternate IV.

Use with Alternate V.

(vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

(vii) 252.232-7015, Performance-Based Payments-Representation.

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at . Afterhttps://www.sam.gov 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 FAR 52.204-8(c) and paragraph (d) 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 . These amended representation(s) and/or [ ]Offeror to insert changes, identifying change by provision number, title, date certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Provision # 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 located in the SAM database.

(End of provision)

Section 00 70 00 - Conditions of the Contract

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -- Modifications -- Sealed Bidding (DEVIATION 2022-O0001)

Jun 2020 Deviation 2022-O0001 Oct 2021

52.214-28 Subcontractor Certified Cost or Pricing Data -- Modifications -- Sealed Bidding

(DEVIATION 2022-O0001)

Jun 2020 Deviation 2022-O0001 Oct 2021

52.222-3 Convict Labor. Jun 2003 52.222-7 Withholding of Funds. May 2014 52.223-23 Sustainable Products and Services. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025 52.228-11 Pledges of Assets (DEVIATION 2020-O0016) Feb 2021 Deviation 2020-O0016 Apr 2020 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

Apr 1984

52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.247-6 Financial Statement. Apr 1984 52.249-10 Default (Fixed-Price Construction). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems.

(DEVIATION 2024-O0014)

Aug 2024 Deviation 2024-O0014 Aug 2024

252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft

Aug 2024 Deviation 2024-O0014 Aug 2024

Oct 2014 Deviation 2020-O0010 Mar 2020 Systems Representation. (DEVIATION 2024-O0014)

252.232-7004 DoD Progress Payment Rates (DEVIATION 2020-O0010)

FAR Clauses Incorporated by Full Text

52.204-8 Annual Representations and Certifications. (DEVIATION 2025-O0003) (Jan 2025) Deviation 2025-O0003 (Mar 2025)

Annual Representations and Certifications (MAR 2025)(DEVIATION 2025-O0003)

(a)

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

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

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

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

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

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

(b)

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

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

(i) Paragraph (d) applies.

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

(c)

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II).