changes, in the interest of providing the least restrictive and most economical job requirements consistent with environmental considerations and availability of funds. Whenever possible, a preliminary set of plans and specifications will be made available prior to advertising for Industry comment and suggested changes. Whenever time does not permit a pre-advertising review of the plans and specifications and Industry requests such opportunity for review of the plans and specifications, the time between the date of advertisement and the date of opening bids should be extended beyond the usual 30-day period an additional period of 15 days to allow time to consider any Industry suggestions.

(k) Bidding Time. Subject to appropriate consideration of the relative urgency of the work and the impact on commerce, the time allowed between advertisement and opening of bids will be not less than 30 days. Bid opening dates may be extended as warranted by circumstances. This provision does not apply to those jobs advertised on an emergency basis.

(1) Pre-Bid Opening Actions. In order to facilitate the comparison of the low bid with the hired labor estimate, attendant Corps costs including surveys, supervision, inspection, and overhead to be added to the low bid for evaluation purposes will be stated in the specifications.

(1) Since the amount of the attendant Corps costs cannot reasonably be determined prior to preparation of the Hired Labor Estimate, the information will be furnished by an amendment to the specifications prior to opening bids reading generally as follows: “AWARD OF CONTRACT. Award will be made to one bidder. The Corps Hired Labor Estimate for this work will be based on a Corps-owned dredge of the (insert name and type of dredge) class utilizing (insert an ocean dumping area, direct pump-out, or insert any other type of disposal). An item of allowance profit will not be included in the Corps estimate. Attendant Corps costs, including surveys, supervision, inspection, and overhead, will be added to the low

the purpose of detercosts pursuant to

ER 1180-1-1, paragraph 1-372(g). The amount of Corps costs to be added for this evaluation is estimated at

(2) In those cases where more than one type of dredge is suitable for the work, the amount of Corps costs for each type should be shown. The amount of costs to be added to the contractor's bid should be predicated on the type of plant involved and the estimated performance period of each type with consideration being given to differing disposal techniques, changes in environmental conditions, monitoring imposed by differing water quality considerations, and any other pertinent consideration. In this case, the specifications will contain the estimated Corps cost for each type dredge, property identified.

(m) Post Bid Opening Action. (1) After opening of bids, the low bid will be adjusted to provide for the attendant Corps costs (see paragraph (1)(1) of this section), and comparison made with the hired labor estimate to determine whether award should be made or all bids rejected. Prior to rejection of bids, the low bidder will have the right to protest the adequacy of the Corps Hired Labor Estimate. The Corps will take all possible means to expedite processing of protests.

(2) Immediately after bid opening the following information will be provided DAEN-CWO-M by telephone and subsequently in writing.

(i) Project name and estimated total yardage.

(ii) Government Estimate. (iii) Attendant Costs.

(iv) Name of Plant (Corps or Industry).

(v) Number of bids received and apparent low bidder.

(vi) Apparent low bid and high bid. (vii) Estimated starting date and estimated completion date.

(3) An Abstract of Bids will be furnished DAEN-CWO-M at the earliest practicable date after bid opening.

(n) Supervision and Administration—(1)Equal Application. The same level of supervision and inspection effort is to be applied to both Corps and Industry dredging operations.

(2) Dredging Surveys. Ordinarily, predredging surveys for payment or crediting purposes will be made immediately prior to commencement of the work. Normally, a sufficient length of channel in advance of the dredge will be surveyed to assure that the dredge will not be delayed in prosecution of the work. Final or after dredging surveys will be made upon completion of the entire work, if a small job, or, if a major job, upon the completion of each acceptance section as set forth in the specifications. However, in fast shoaling reaches the acceptance survey procedure, in equity to both the Corps and the contractor may be varied to meet the unusual job conditions. To minimize controversial issues in connection with surveys for dredging, the following is prescribed:

(i) Initial or estimated quantity surveys made for the purpose of obtaining quantities to include in plans and specifications will be made as close to the advertisement date as possible, but not more than 120 days prior to advertisement.

(ii) Original or predredging surveys for payment or crediting purposes will be made as close to the start of dredging as possible, but not more than 30 days prior to commencement of work in the section or channel reach to be covered by the survey. Plotted surveys will be made available to the dredge master or captain prior to the start of the work. However, in those cases where the initial survey is recent enough and the dredging area is relatively stable there may not be a need for a predredging survey. If a district engineer feels that a particular job falls within this category he could state in the specifications that the initial survey is recent and a more current one is not deemed necessary. However, if the contractor makes a request, a pre-dredging survey will be made.

(iii) Final or after dredging surveys for acceptance and payment purposes will be made as soon as possible, but not more than two weeks after completion of work in any acceptance section or other unit of work as prescribed in the specifications paragraph Final Examination and Acceptance.

However, since the expeditious release of the dredging equipment upon completion of dredging operations is of prime importance, completion of all work in the final acceptance section by the dredge under the contract, remaining surveys for acceptance will be completed within three calendar days, except as provided for in paragraph (n)(2)(iv) of this section.

(iv) Deviations from the above prescribed limiting time elements may be necessary because of unusual job conditions or adverse weather. In such instances a memorandum for record explaining the justification for such deviation should be made a part of the contracting officer's project file.

(v) Results of surveys made pursuant to the specifications paragraph final examination and acceptance will be furnished to the dredge master or captain at the work site as the acceptance sections are surveyed and found satisfactory.

(vi) In instances where the contracting officer's representative finds it necessary to direct redredging because of a lack of acceptable depth a survey map or record of soundings specifically identifying those areas where acceptable depths do not exist will be made available to the dredge master or captain at the work site for examination before the start of redredging.

(0) Hired Labor Estimates. ER 11102-1300 provides the basic guidelines, procedures and format for preparing hired labor estimates for hopper dredging and hydraulic pipeline dredging. Its objective is to assure Corps wide standardization of the procedures for preparing hired labor estimates. Accordingly, all hired labor estimates prepared under the ICP will be in accordance with the provisions and guidelines of ER 1110-2-1300. However, in order to assure estimating uniformity and a common understanding of the terms and procedures associated with dredging work, particularly that performed by hopper dredges, the following information and guidance is furnished in connection with the preparation of hired labor estimates:

(1) Corps Historical Plant Performance Records. (i) Traditional yardage terms used by the Corps in its report

sion Engineers may authorize or defer commencement of a Federal project and may require the inclusion of additional procedures determined to be hecessary to protect the navigable waters of ocean waters. However, Division Engineers will refer to the Chief of Engineers, ATTN: DAEN-CWO-M, the following cases for resolution:

(1) When it is proposed to undertake a Federal project involving the disposal of dredged material in navigable or ocean waters and the Regional AdminIstrator, EPA, has advised the District or Division Engineer of his intent to take measures necessary to prohibit or restrict the use of a specified disposal site in navigable waters or that the dumping of dredged material in ocean waters will violate the criteria and restrictions promulgated under section 102 of the Marine Protection, Research, and Sanctuaries Act of 1972;

(HD) When there is substantial doubt as to authority, law. regulations, or policies applicable to the Federal projpet.

di) When higher authority requests the case be forwarded for decision;

(iv) When litigation is expected; () When the disposal of dredged material associated with the Federal project is inconsistent with an ap proved State coastal sone management

District Engineers will forward a copy of the Statement of Findings to the District Commander, U.S. Coast Guard and will take necessary measures to assure that a copy of the Statement of Findings is on board of the vessel(s) involved in the disposal operation.

(k) Reports. The report of a District Engineer on a project requiring action by the Division Engineer or by the Chief of Engineers will be in a letter form with all pertinent comments, records, and studies including a copy of all public notices issued, transcripts of the public meetings and public hearings held, the environmental assessment and a proposed statement of findings as inclosures. The following items will also be included or discussed in the report:

(1) Name of Federal project.

(2) Location of proposed work.

(3) Federal, State and local coordinations required and/or obtained.

(4) Date of public notice and public meeting or public hearings, if held, and summary of objections offered with comments of the District Engineer thereon. The comments should explain the objections and not merely refer to inclosed letters.

§ 219.147 Gudelines for the Industry pability Program..

(a Purpose. This regalaton provides guidance for the admiradon and supervision of the Industry Capability Program XCP

(b) Appitsability. This regulation spplies to all OCE elements and all field operating agencies operating plant performing dredging or performing dredging work under contras (c) ReferenCES.

(1) 33 U.S.C. 622.

(2) 33 U.S.C. 624.

(3) 33 CFR 209.145.

(4) ASPR 1-706; 18-108. (5) ER 37-2-10.

(6) ER 1110-2-1300.

(7) ER 1125-2-312.

(8) ER 1130-2-307.

(9) ER 1180-1-1.

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en Pert Pro Cutterhead Dwant and Mechanical Dredges A national summary describing dreiging projects for these types of dredges is not avail able. The development of detailed guidelines and criteris, including proj ect maps and statistical data, for this part of the Program will be accom plished by each division on a regional basis since this portion of the work is limited in nature.

(4) In addition to those projects advertised under the ICP as a result of Industry interest, other projects will be advertised when Corps plant is reasonably available and suitable. The advertisement of those projects outside of the ICP will include a representative number and type of jobs, including those advertised on an emergency basis. The advertisement of additional jobs, other than those selected by the Industry, will provide a representative array of statistics to determine the Industry capability and response to a wide variety of project conditions and requirements, including emergencies.

(5) An analysis of all data generated during the course of this Program will be made by DAEN-CWO-M to assess the relative effectiveness of Corps and Industry equipment to perform the national dredging requirements at reasonable cost and in a timely manner. This assessment will be based on the comprehensive data required in paragraph (f) of this section.

(e) Guidance. (1) The standard procedures included in this ER are applicable to Parts I and II referred to in paragraph (d)(3) of this section. The program is scheduled for accomplishment over a four year period. Specific projects or portions of projects will be advertised during each fiscal year of the program. The advertisement of projects in which Industry has indicated a specific interest (paragraph (g) of this section) is preferred to the advertisement of projects in which there is no indication of Industry interest. However, there is always the possibility that Industry will not indicate sufficient interest to meet a minimum level of program performance or that projects selected by the Industry will not include a representative cross section of the Corps dredging requirements. Under these conditions, divisions and districts are instructed (paragraph (h)(4) of this section) to include additional projects. To assure a comprehensive program, the ICP will include projects traditionally performed by Corps plant (hired labor) and, as indicated in paragraph (d)(4) of this section, additional projects that have been accomplished, either occassionally or entirely, by contract. The

Industry Capability Program will range in dollar volume from a minimum value equal to 25 percent of the fiscal year's total hired labor dredging program to an upper limit that is constrained only by the availability of funds combined with the availability of Corps plant to provide competitive bidding. The minimum value is a lower target level and may have to be revised commensurate with availability of funds and Corps plant. Out of the total jobs advertised per fiscal year under this program, no more than 25 percent of the traditional Corps hired labor dredging projects will be advertised, unless approved by DAENCWO-M. The remainder of the total ICP projects advertised will be made up of dredging projects that have been accomplished by contract.

(2) Until such time as the Industry develops a capability to dredge exposed ocean bars on the Pacific coast, the ICP will exclude work being accomplished with Corps hopper dredges in this area. Therefore, the scheduling of these dredges will continue to follow current practices. However, if the Industry expresses a desire to compete for the exposed ocean bar work along the Pacific coast, arrangements will be made so that the Industry can submit bids for the performance of this work.

(3) Division engineers have the responsibility to assure that the guidelines prescribed in this regulation are implemented by their district engineers on a uniform basis. In the event a deviation from the standard program is considered necessary, DAENCWO-M will be notified two weeks in advance of the proposed change.

(4) A specific organizational element within each division and district will be designated as the contact point for Industry on all matters pertaining to the ICP. This organizational element will be responsible for appropriate coordination between district and division elements having an input to the program. Contingency plans are to be available for the utilization of Corps dredging plant on alternate projects prior to the opening of bids on each of the advertised jobs. It is necessary to assure that Corps plant will continue