A21_W912P820B0042.pdf
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- Solicitation number
- W912P820B0042
About this file
This solicitation is for a construction project to build floodwalls and perform related work along the Mississippi River in New Orleans, Louisiana. The scope of work includes clearing, excavation, installation of sheet piling and concrete floodwalls, embankments, fencing, and other incidental construction activities. The estimated value is between $10-25 million. The solicitation is a 100% small business set-aside to be awarded as a firm fixed-price contract. The response deadline is July 7, 2020.
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ED 18-081
IFB: W912P820B0042
US Army Corps of Engineers New Orleans District
East Bank, Mississippi River Floodwall, Mississippi River and Tributaries Project
(MR&T)
Orleans Levee District Carrollton Phase III District Floodwall
Orleans Parish, Louisiana
Construction Solicitation and Specifications
June 02 2020
REPLY TO
ATTENTION OF:
Contracting Division Project West Branch
DEPARTMENT OF THE ARMY
NEW ORLEANS DISTRICT, CORPS OF ENGINEERS
7400 LEAKE AVENUE
NEW ORLEANS, LOUISIANA 70118-3651
ATTENTION BIDDERS
In preparing your bid ----
1. Have you signed the bid? Are all blank spaces filled in?
2. If signing on behalf of your company and not an offer thereof, have you attached evidence of your authority to sign the bid?
3. Have you acknowledged receipt of all amendments?
4. Have you checked your bid for possible errors? Arithmetically?
5. Have you furnished all information required by the invitation for bids or the specifications?
6. Are you submitting your bid on time? If mailed, will it reach the place of bid opening at the designated hour?
7. If required by the invitation, have you submitted a bid bond? Is it signed? It is in the proper amount?
LMN FL 1078-1
AUGUST 90 (previous editions are obsolete) Proponent: CEMVN-CT-W
B2CTPEMB
Cross-Out
SOLICITATION: W912P820B0042
INQUIRIES REGARING THIS SOLICITATION SHOULD BE
MADE TO THE FOLLOWING:
EDITH M. BRANDON
EMAIL: EDITH.M.BRANDON@USACE.ARMY.MIL
TELEPHONE: 504-862-1047
COLLECT CALLS ARE NOT ACCEPTED
NOTE: ALL CONTRACTOR QUESTIONS MUST BE RECEIVED
BY 10:00 AM, MONDAY 15 JUNE 2020
FOR THE MOST PROMPT RESPONSE, SEND ALL QUESTIONS
VIA EMAIL.
ALL QUESTIONS MUST CONTAIN THE SOLICITATION
NUMBER IN THE SUBJECT LINE.
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, NEW ORLEANS DISTRICT
7400 LEAKE AVENUE
NEW ORLEANS, LA 70118-3651
ED 18-081
SOLICITATION: W912P820B0042 June 02, 2020
FOR: East Bank, Mississippi River Floodwall, Mississippi River and Tributaries Project (MR&T), Orleans Levee District Carrollton Phase III District Floodwall, Orleans Parish, Louisiana (ED 18-081)
TO OPEN: Electronic Bid Opening on Tuesday, 07 July 2020 at 1:00 pm CST
I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL OPPORTUNITY
CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.
II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION.
Bidders, offerors and applicants are cautioned to note the "Certification of Non-segregated Facilities" in the solicitation. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.
III. Prospective contractors must register in the System for Award Management (SAM). See FAR Clause
52.204-7 for required information. The website for SAM is https://www.sam.gov. You will be required to provide your company’s Dun and Bradstreet (D&B) D-U-N-S number. If you do not already have a D&B D-U-N-S number, one can be requested at http://fedgov.dnb.com/webform.
BIDDERS MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY THIS
SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS IN BIDS
IS PRESCRIBED IN 18 U.S.C. 1001. (FAR 52.214-4 APR 1984)
DESCRIPTION AND MAGNITUDE OF WORK: The work consists of clearing and grubbing; structural excavation and backfill, excavation and embankments; placement of steel sheet and H-piling, construction of reinforced concrete floodwalls and deployable floodwalls; concrete scour protection, asphaltic pavement; chain link fences; concrete curbs and gutters; pavement markings; miscellaneous metal work, painting, turf establishment; and other related incidental work.
CAUTION TO BIDDERS: Due to Coronavirus Disease 2019 (COVID-19) national emergency, Hand-carried bids will not be accepted.
NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH
THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS
MANUAL", DATED NOVEMBER 2014.
ATTENTION: Contractors must complete, and submit with their bid, the provisions located in Section 00600. A bidder may also submit, in lieu of the completed Section 00600, a complete hard copy of their Online Representations and Certifications Applications (ORCA) registration with an expiration date on or after the date of award.
https://www.sam.gov/ http://fedgov.dnb.com/webform
(See ).
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair) W912P8-20-B-0042 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.
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
7. ISSUED BY
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. 8/2014)
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.
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)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
U S ARMY CORPS OF ENGINEERS, NEW ORLEANS
7400 LEAKE AVENUE
NEW ORLEANS, LOUISIANA 70118-3651
ATTN: CONTRACTING DIVISION, ROOM 172
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
East Bank, Mississippi River Floodwall, Mississippi River and Tributaries Project (MR&T) Orleans Levee District Carrollton Phase III District Floodwall, Orleans Parish, Louisiana (ED 18-081)
THIS IS A 100% SMALL BUSINESS SET-ASIDE PROCUREMENT.
DESCRIPTION OF WORK: The work consists of clearing and grubbing; structural excavation and backfill, excavation and embankments; placement of steel sheet and H-piling, construction of reinforced concrete floodwalls and deployable floodwalls; concrete scour protection, asphaltic pavement; chain link fences; concrete curbs and gutters; pavement markings; miscellaneous metal work, painting, turf establishment; and other related incidental work.
The estimated value of the proposed work is between $10,000,000 and $25,000,000
NOTE: FOR ELECTRONIC BID OPENING INSTRUCTIONS - SEE SECTION: 00800 - SPECIAL INSTRUCTIONS
See Item 7
EDITH M. BRANDON (504) 862-1047
PROJECT NUMBER
ED 18-081
06/02/2020 local time 07/07/2020
1:00 pm CST
X
X X FAR 52.211.10
X
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.
AWARD (To be completed by Government)
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. 8/2014) 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
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
20b. SIGNATURE 20c. OFFER DATE
US Army Corps of Engineers, New Orleans Area Office 7400 Leake Avenue New Orleans, LA 70118
27. PAYMENT WILL BE MADE BY
USACE FINANCE CENTER (UFC)
Attn: CEFC-AO-P
5722 INTEGRITY DRIVE, MILLIGTON, TN 38054-5005
See Item 14
PTC-i ED 18-081
PROJECT TABLE OF CONTENTS
Division 00 – PROCUREMENT AND CONTRACTING
Solicitation, Offer and Award SF-1442 00010 Bidding Schedule 00100 Instructions, To Bidders 00600 Representations and Certifications 00700 Contract Clause Inserts
Division 01 - GENERAL REQUIREMENTS
01100 General Provisions 01 32 17.00 20 Network Analysis Schedules (NAS) 01 33 00 Submittal Procedures 01 42 00 Sources for Reference Publications 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 45 04.00 10 Contractor Quality Control 01 55 26.00 12 Traffic Control and Coordination 01 57 20.00 12 Environmental Protection 01 57 23.00 12 Storm Water Pollution Prevention Plan 01 57 23.01 12 Truck Wash-Down Racks 01 78 02.00 10 Closeout Submittals
Division 02 – EXISTING CONDITIONS
02 41 00 Demolition
Division 03 – CONCRETE
03 11 14.00 12 Formwork for Concrete 03 15 13.00 12 Expansion Joints and Waterstops in Concrete 03 21 00.00 12 Reinforcing Steel 03 31 00.00 12 Cast-In-Place Structural Concrete
Division 05 – METALS
05 50 03.00 12 Metalwork, Fabrication, Machine Work, and Miscellaneous Provisions
Division 09 – FINISHES
09 97 02.01 12 Painting: Coal Tar Epoxy System
PTC-ii ED 18-081
Division13 – SPECIAL CONSTRUCTION
13 30 25 Deployable Flood Wall
Division 31 – EARTHWORK
31 11 00.00 12 Clearing and Grubbing 31 23 00.00 12 Excavation 31 23 16.16 12 Structural Excavation and Backfill 31 24 00.00 12 Embankment 31 41 16.00 12 Steel Sheet Piling 31 62 16.00 12 Steel H-Piles
Division 32 – EXTERIOR IMPROVEMENTS
32 11 23.00 09 Stone Base Course 32 12 16.00 12 Asphaltic Pavement 32 16 13 Concrete Curbs and Gutters 32 17 24.00 10 Pavement Markings 32 31 13 Chain Link Fences 32 92 19.04 12 Turf Establishment and Maintenance
Division 33 – UTILITIES
33 05 00.00 12 Modification of Existing Utilities 33 32 16 Packaged Utility Wastewater Pumping Stations
Division 35 – WATERWAY AND MARINE CONSTRUCTION
35 43 38.00 12 Concrete Scour Protection
00010-3 Ed 18-081
SECTION 00010 – BIDDING SCHEDULE
East Bank, Mississippi Floodwall, Mississippi River and Tributaries Project (MR&T)
Orleans Levee District Carrollton Phase III District Floodwall
Orleans Parish, Louisiana
Item DESCRIPTION Estimated Quantity Unit Unit Price Estimated Amount
0001 Mobilization and Demobilization 1 JOB
0002 Video and Photographic Documentation 1 JOB
0003 Traffic Control and Coordination 1 JOB
0004 Silt Fence 520 LF
0005 Truck Wash-Down Rack 1 JOB
0006 Demolition 1 JOB
0007 Reinforced Concrete Floodwall 1 JOB
0008 Deployable Floodwalls 1,720 LF
0009 Clearing and Grubbing 1 JOB
0010 Embankment, Compacted Fill 1,400 CY
0011 Piling, Steel Sheet, Z-Section 32,788 SF
0012 Steel H-Piles 68,751 LF
0013 Tension Connectors 1,077 EA
0014 Granular Base Course 1 JOB
0015 Asphalt Concrete - Binder Course 465 TON
0016 Asphalt Concrete - Wearing Course
0016AA First 3,500 SY 3,500 SY
0016AB All Over 3,500 SY 3,500 SY
0017 Cold Planning 6,670 SY
0018 Curbs and Gutters 1,250 LF
0019 Pavement Markings 1 JOB
0020 Chain Link Fencing 200 LF
00010-4 Ed 18-081
0021 Seeding and Mulching 2 AC
0022 Fertilizer
0022AA First 300 LBS 300 LBS
0022AB All Over 300 LBS 300 LBS
0023++ Lime Soil Amendment 2 TON
0024++ Sulfur Soil Amendment 1 TON
0025 Utility Modifications 1 JOB
0026 Sewer Lift Station 1 JOB
0027 Sewer Line 1 JOB
0028 Concrete Scour Protection 750 SY
TOTAL: $
++Items not subject to the requirements of FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY.
**The unit "JOB" as used in this Bidding Schedule is synonymous with the term "Lump Sum" used elsewhere within these plans and specifications.
Award will be made as a whole to one bidder.
NOTE 1: Bidders shall furnish unit prices for each item listed in the Schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF A BIDDER OMITS BOTH THE
UNIT PRICE AND THE EXTENDED TOTAL OR ESTIMATED AMOUNT FOR ANY
ITEM, ITS BID SHALL BE DECLARED NON-RESPONSIVE AND THEREFORE
INELIGIBLE FOR AWARD.
NOTE 2: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or sub line items are materially unbalanced (See FAR 14.404-2, Rejection of Individual Bids).
NOTE 3: THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within seven (7) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Plan, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.
NOTE 4: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices;
http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx
00010-5 Ed 18-081
EVALUATION OF SUBLINE ITEMS (Dec 2019 - AFARS 5152.211-9000).
Item Nos. 0016 and 0022 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its subline items.
(End of Clause)
VARIATIONS IN ESTIMATED QUANTITIES - SUBLINE ITEMS (Dec 2019) - AFARS 5152.211-9001).
This variation in estimated quantities clause is applicable only to item Nos. 0016 and 0022.
(a) Variation from the estimated quantity in the actual work performed under any second or subsequent subline item or elimination of all work under such a second or subsequent subline item will not be the basis for an adjustment in contract unit price.
(b) Where the actual quantity of work performed for item Nos. 0016 and 0022 is less than 85% of the quantity of the first subline item listed under such item, the contractor will be paid at the contract unit price for that subline item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause at Federal Acquisition Regulation (FAR)
52.211-18, VARIATION IN ESTIMATED QUANTITY.
(c) If the actual quantity of work performed under item Nos. 0016 and 0022 exceeds 115% or is less than 85% of the total estimated quantity of the subline item under that item and/or if the quantity of the work performed under the second subline item or any subsequent subline item under item Nos. NONE exceeds 115% or is less than 85% of the estimated quantity of any such subline item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, VARIATION IN ESTIMATED
QUANTITY.
(End of Clause)
BID BOND
(See instructions on reverse)
OMB Control Number: 9000-0045 Expiration Date: 8/31/2022
PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)
STATE OF INCORPORATION
SURETY(IES) (Name and business address)
PERCENT
OF BID
PRICE
PENAL SUM OF BOND
AMOUNT NOT TO EXCEED
MILLION(S) THOUSAND(S) HUNDRED(S) CENTS
BID IDENTIFICATION
BID DATE INVITATION NUMBER
PRINCIPAL
SIGNATURE(S)
NAME(S) &
TITLE(S)
(Typed)
1.
1. 2.
2.
3.
3.
(Seal) (Seal) (Seal) Corporate Seal
INDIVIDUAL SURETY(IES)
SIGNATURE(S)
NAME(S)
(Typed)
1.
1.
2.
2.
(Seal) (Seal)
CORPORATE SURETY(IES)
NAME &
ADDRESS
STATE OF INCORPORATION LIABILITY LIMIT ($)
SIGNATURE(S)
NAME(S) &
TITLE(S)
(Typed)
1.
1.
2.
2. Corporate Seal
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is NOT usable
STANDARD FORM 24 (REV. 8/2016)
Prescribed by GSA - FAR (48 CFR) 53.228(a)
FOR (Construction, Supplies or Services)
OBLIGATION:
We, the Principal and Surety(ies) are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.
CONDITIONS:
The Principal has submitted the bid identified above.
THEREFORE:
The above obligation is void if the Principal - (a) upon acceptance by the Government of the bid identified above, within the period specified therein for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to execute such further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the amount of the bid.
Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the Government.
Notice to the surety(ies) of extension(s) is waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid.
WITNESS:
The Principal and Surety(ies) executed this bid bond and affixed their seals on the above date.
DATE BOND EXECUTED (Must not be later than bid opening date)
Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number. The OMB control number for this collection is 9000-0045. We estimate that it will take 1 hour to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405.
JOINT VENTURE
OTHER (Specify)
PARTNERSHIPINDIVIDUAL
CORPORATION
INSTRUCTIONS
1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the Administrator of General Services.
2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.
3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 20% of the bid price but the amount not to exceed dollars).
4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitations listed therein. The value put into the LIABILITY LIMIT block is the penal sum (i.e., the face value) of the bond, unless a co-surety arrangement is proposed.
(b) When multiple corporate sureties are involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the form, insert only the letter identifier corresponding to each of the sureties. Moreover, when co-surety arrangements exist, the parties may allocate their respective limitations of liability under the bond, provided that the sum total of their liability equals 100% of the bond penal sum.
(c) When individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28) for each individual surety, shall accompany the bond.
The Government may require the surety to furnish additional substantiating information concerning its financial capability.
5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal"; and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.
6. Type the name and title of each person signing this bond in the space provided.
7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "offeror."
NAME &
ADDRESS
STATE OF INCORPORATION LIABILITY LIMIT ($)
SIGNATURE(S)
NAME(S) &
TITLE(S)
(Typed)
1.
1.
2.
2. Corporate Seal
Corporate Seal
LIABILITY LIMIT ($)STATE OF INCORPORATION
2.
2.
1.
1.NAME(S) &
TITLE(S)
(Typed)
SIGNATURE(S)
NAME &
ADDRESS
Corporate Seal
LIABILITY LIMIT ($)
2.
2.
STATE OF INCORPORATION
1.
1.
NAME(S) &
TITLE(S)
(Typed)
SIGNATURE(S)
NAME &
ADDRESS
Corporate Seal
LIABILITY LIMIT ($)
2.
2.
STATE OF INCORPORATION
1.
1.
NAME(S) &
TITLE(S)
(Typed)
SIGNATURE(S)
NAME &
ADDRESS
Corporate Seal
LIABILITY LIMIT ($)
2.
2.
STATE OF INCORPORATION
1.
1.
NAME(S) &
TITLE(S)
(Typed)
SIGNATURE(S)
NAME &
ADDRESS
Corporate Seal
LIABILITY LIMIT ($)
2.
2.
STATE OF INCORPORATION
1.
1.
NAME(S) &
TITLE(S)
(Typed)
SIGNATURE(S)
NAME &
ADDRESS
STANDARD FORM 24 (REV. 8/2016) BACK
Section 00100 - Instructions to Bidders
CLAUSES INCORPORATED BY REFERENCE
52.204-7 52.204-16 52.204-17 52.204-22 52.209-6
52.209-10
52.211-18 52.214-3 52.214-4 52.214-5 52.214-6 52.214-7 52.214-12 52.214-18 52.214-19 52.214-26 52.214-29 52.214-34 52.214-35 52.215-22
52.215-23 52.219-8 52.219-28 52.222-3 52.222-4
52.222-6 52.222-7 52.222-12 52.222-13
52.236-1 52.236-28
System for Award Management Commercial and Government Entity Code Reporting Ownership or Control of Offeror Alternative Line Item Proposal Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment Prohibition on Contracting With Inverted Domestic Corporations Variation in Estimated Quantity Amendments To Invitations For Bids False Statements In Bids Submission Of Bids Explanation To Prospective Bidders Late Submissions, Modifications, and Withdrawals of Bids Preparation Of Bids Preparation of Bids-Construction Contract Award-Sealed Bidding-Construction Audit and Records--Sealed Bidding Order Of Precedence--Sealed Bidding Submission Of Offers In The English Language Submission Of Offers In U.S. Currency Limitations on Pass-Through Charges--Identification of Subcontract Effort Limitations on Pass-Through Charges Utilization of Small Business Concerns Post-Award Small Business Program Rerepresentation Convict Labor Contract Work Hours and Safety Standards - Overtime Compensation
OCT 2018
JUL 2016
JUL 2016
JAN 2017
OCT 2015
NOV 2015
APR 1984
DEC 2016
APR 1984
DEC 2016
APR 1984
NOV 1999
APR 1984
APR 1984
AUG 1996
OCT 2010
JAN 1986
APR 1991
APR 1991
OCT 2009
OCT 2009
OCT 2018
MAR 2020
JUN 2003
MAY2018
Construction Wage Rate Requirements AUG 2018 Withholding ofFunds MAY 2014 Contract Termination-Debarment MAY 2014 Compliance With Construction Wage Rate Requirements and MAY 2014 Related Regulations Performance of Work by the Contractor Preparation of Proposals--Construction
APR 1984
OCT 1997
CLAUSES INCORPORATED BY FULL TEXT
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Defmitions. 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. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
( 1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefmite quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission ofthis offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (F APIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a fmding of fault and liability that results in the payment of a monetary fme, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a fmding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(l)(i), (c)(l)(ii), or (c)(l)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(l) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(l)(i) through (c)(l)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of provision)
52.214-5000 Apparent clerical mistakes.
ARITHMETIC DISCREPANCIES
(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:
(1) Obviously misplaced decimal points will be corrected;
(2) Discrepancy between unit price and extended price, the unit price will govern;
(3) Apparent errors in extension of unit prices will be corrected;
(4) Apparent errors in addition of lump-sum and extended prices will be corrected.
(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.
(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.
(End of statement)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
(End of provision)
52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of clause)
52.222-5 CONSTRUCTION WAGE RA TE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY
2014)
(a)(l) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(l)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure ifa planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(l) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of provision)
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 ation for each trade
20%- 23%
Goals for female ation for each trade
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 "Affrrmative 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 Louisiana, Orleans, New Orleans
(End of provision)
52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS (MAY 2014)
(a) Defmitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American -- Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11 ).
(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
( c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b )(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs ( c) and ( d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted ifrevised during negotiations.
(End of provision)
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 frrm 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 20% twenty percent 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.
(End of provision)
52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)
(a) Defmitions. As used in this clause--
Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.
(b) Amount ofrequired bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:
(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.
(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.
(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.
(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
( c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.
( d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial
Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.
(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.
(End of clause)
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 ofreceipt from
US ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT
ATTN: CEMVN-CT-W. MR. CHRISTOPHER M. NUCCIO, SUPERVISORY CONTRACT SPECIALIST,
CONTRACTING
7 400 LEAKE AVE
NEW ORLEANS, LA 70118-3651
(b) The copy of any protest shall be received
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
Name: Mr. John R. Page Address: John.R.Page@usace.army.mil Telephone: (337)291-3015
(End of provision)
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://www.acquisition.gov/ http://www.acq.osd.mil/dpap/
(End of provision)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIA TION)" after the date of the provision.
(b) The use in this solicitation of any DF ARS ( 48 CFR Chapter I) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section 00600 - Reps and Certs
52.203-11
52.204-19
52.209-2
52.217-7 52.222-5
52.222-23
52.222-38
52.223-18
52.225-12
52.228-1 252.225-7003
Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions Incorporation by Reference of Representations and Certifications.
SEP 2007
DEC 2014
Prohibition on Contracting with Inverted Domestic NOV 2015 Corporations--Representation Option For Increased Quantity-Separately Priced Line Item MAR 1989 Construction Wage Rate Requirements--Secondary Site of the MAY 2014 Work Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction Compliance With Veterans' Employment Reporting Requirements Encouraging Contractor Policies To Ban Text Messaging While Driving Notice of Buy American Requirement - Construction Materials Under Trade Agreements Bid Guarantee Report of Intended Performance Outside the United States and Canada--Submission with Offer
FEB 1999
FEB 2016
AUG 2011
MAY2014
SEP 1996
OCT 2015
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)
(a)(l) The North American Industry Classification System (NAICS) code for this acquisition is 237990.
(2) The small business size standard is $39,500,000.
(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, 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:
( ) 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) 52.203-18, 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). 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.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by…
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