W911WN10B0008.pdf

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Sewer Line Rehabilitation Homestead Run
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Solicitation Price Schedule Contract Terms and Conditions to inlcude information on Site Visit and Wage Rates

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W81ET400077760

Sew er Line Rehabilitation, Homestead Run, Munhall Borough, PA - Section 219 Environmental Infrastructure Project

This procurement is set aside 100% for Small Business.

X

DONNA DOOEN 412-395-7468

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

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

NEGOTIATED

25-Feb-2010

(RFP)

(IFB)

CALL:

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

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________29 Mar 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CECT-LRP

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

PITTSBURGH PA 15222-4186

W911WN

PAGE OF PAGES

1 OF

CODE W911WN

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CECT-LRP

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2116

PITTSBURGH PA 15222-4186

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

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

412-644-5109FAX:TEL: 412-375-7477 TEL: 412-375-7477 FAX: 412-644-5109

W911WN-10-B-0008 123

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W911WN-10-B-0008

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE CONTRACT

FFP

(Manhole 935A to Manhole A608) FOB: Destination

MILSTRIP: W81ET400077760

PURCHASE REQUEST NUMBER: W81ET400077760

NET AMT

0001AA 1

ARRA - Reimbursement for Actual Bonds

FFP

Performance and Payment Bonds Premium FOB: Destination

0001AB 588 Linear

Foot

ARRA 36" Diameter CIPP Lining

FFP

0001AC 2,042 Linear

ARRA 24" Diameter CIPP Lining

0001AD 103 Linear

ARRA 18" Diameter CIPP Lining

0001AE 191 Linear

ARRA 15" Diameter CIPP Lining

0001AF 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 935

0001AG 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1135

0001AH 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 19

0001AJ 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1137D

0001AK 1 Each NON ARRA Manhole Rehabilitation

FFP

Mnahole 1137

0001AL 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1138

0001AM 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 20

0001AN 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 32

0001AP 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1149

0001AQ 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1144

0001AR 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 004

0001AS 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 939

0001AT 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1121

0001AU 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1120A

0001AV 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1120

0001AW 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 62A

0001AX 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 62

0001AY 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1119A

0001AZ 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1119

0001BA 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 63

0001BB 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 64

0001BC 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1116

0001BD 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1117

0001BE 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1117A

0001BF 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 99

0001BG 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1098

0001BH 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 98

0001BJ 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 97

0001BK 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 97A

0001BL 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 96

0001BM 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1086

0001BN 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1085

0001BP 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1085A

0001BQ 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 106

0001BR 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 105

0001BS 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 103

0001BT 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1026C

0001BU 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 104

0001BV 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 207

0001BW 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1024

0001BX 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1025

0001BY 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 206

0001BZ 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 197

0001CA 209 Each NON ARRA Manhole Rehabilitation

FFP

Manhole

0001CB 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1022

0001CC 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1021

0001CD 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole A607

0001CE 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole A608

0001CF 28 Each NON ARRA Service Reconnections

FFP

6 inches

0001CG 2 Each NON ARRA Service Reconnections

FFP

Eighteen inches

0001CH 9 Each NON ARRA Tap Break-in Cutting

0001CJ 200 Square

Yard

NON ARRA Seeding

0001CK 1 Lump Sum NON ARRA Bypass Pumping

0001CL 600 Linear

NON ARRA Heavy Cleaning

0001CM 1 Lump Sum ARRA E & S Control

0001CN 115 Square

ARRA Clearing & Grubbing

0001CP 1 Lump Sum ARRA Project and Safety Signs

AWARDABLE OPTION A

FFP

Manhole 1021 to Manhole 359A

0002AA 1

ARRA Reimburseement for Bonds

FFP

Actual Performance and Payment Bonds Premium

0002AB 3,354 Linear

0002AC 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1020

0002AD 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 210

0002AE 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1009

0002AF 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 211

0002AG 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1008

0002AH 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 907

0002AJ 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 906

0002AK 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1006

0002AL 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1006A

0002AM 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 214

0002AN 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 215

0002AP 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 1005

0002AQ 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 216

0002AR 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 217

0002AS 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 954A

0002AT 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 954

0002AU 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 953

0002AV 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 219

0002AW 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 950

0002AX 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 952

0002AY 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 951

0002AZ 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 359A

0002BA 7 Each NON ARRA Service Reconnections

0002BB 5 Each NON ARRA Tap Break-in Cutting

0002BC 200 Square

0002BD 1 Lump Sum NON ARRA Bypass Pumping

0002BE 500 Linear

0002BF 1 Lump Sum ARRA E&S Control

0002BG 1,115 Square

ARRA Clearing & Grubbing

AWARDABLE OPTION B

FFP

Manhole 361 to 397

0003AA 1

ARRA Reimbursement of Bonds

FFP

Actual Performance and Payment Bonds Premium

0003AB 1,444 Linear

0003AC 1,505 Linear

ARRA 18" Diameter CIPP Lining

0003AD 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 361

0003AE 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 362

0003AF 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 363

0003AG 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 373

0003AH 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 374

0003AJ 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 383

0003AK 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 391

0003AL 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 395

0003AM 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 396

0003AN 1 Each NON ARRA Manhole Rehabilitation

FFP

Manhole 397

0003AP 1 Each NON ARRA Service Reconnections

0003AQ 1 Each NON ARRA Tap Break-in Cutting

0003AR 6,371 Square

0003AS 1 Lump Sum NON ARRA Bypass Pumping

0003AT 500 Linear

0003AU 1 Lump Sum ARRA E & S Control

SUMMARY OF TOTALS

TOTAL PRICE FOR BASE CONTRACT,

ITEMS 0001AA THROUGH 0001CP, INCLUSIVE $____________________________

TOTAL PRICE FOR AWARDABLE OPTION A,

ITEMS 0002AA THROUGH 0002BG, INCLUSIVE $____________________________

TOTAL PRICE FOR AWARDABLE OPTION B,

ITEMS 0003AA THROUGH 0003AU, INCLUSIVE $____________________________

TOTAL, BASE CONTRACT AND AWARDABLE OPTIONS A & B,

INCLUSIVE

Do not round off totals, in case of a variation between the unit price and the extension, the unit price will be considered to be the bid. If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a prorata basis to every unit price in the bid schedule.

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.209-4001 PRE-AWARD SURVEY (December 2006)

Prior to award of the contract, the technically acceptable low offeror will be required to furnish the following information upon request of the Contracting Officer:

(a) Financial ability to perform the contract, including the availability of necessary working capital and credit.

Offeror shall furnish a copy of its current financial statement and obtain statements from its bank or banks and/or lending institutions with whom it does business as to its credit and other data deemed pertinent regarding its ability to perform the work.

(b) Business and financial reputation and integrity. Offeror shall furnish names and addresses of four or more commercial firms for whom work has been performed recently or is under construction. A brief description of the projects and dollar value of same shall also be furnished. Data on work performed which is similar to the proposed work is preferred. The same information is required regarding work performed for other Government installations.

(c) Give brief history of business experience, including length of time in present business.

(d) Furnish statement as to similarity between services being rendered and those required by the proposed contract.

(e) Indicate total dollar amount of all business on hand (military and commercial) with brief description of major projects and locations of same.

(f) Furnish statement of facilities, materials, together with a list of key personnel and their qualifications available for performance of proposed contract.

(g) Furnish name and address of surety company which will furnish performance and payment bonds, if required elsewhere in this contract.

(h) Furnish names and address of proposed subcontractors.

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the solicitation.

The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

52.214-5 SUBMISSION OF BIDS (MAR 1997)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

(d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

52.214-12 PREPARATION OF BIDS (APR 1984)

(a) Bidders are expected to examine the drawings, specifications, Schedule, and all instructions. Failure to do so will be at the bidder's risk.

(b) Each bidder shall furnish the information required by the solicitation. The bidder shall sign the bid and print or type its name on the Schedule and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(c) For each item offered, bidders shall (1) show the unit price, including, unless otherwise specified, packaging, packing, and preservation and (2) enter the extended price for the quantity of each item offered in the "Amount" column of the Schedule. In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

(d) Bids for supplies or services other than those specified will not be considered unless authorized by the solicitation.

(e) Bidders must state a definite time for delivery of supplies or for performance of services, unless otherwise specified in the solicitation.

(f) Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

52.214-4000 AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS (May 2005)

The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Invitation for Bids. If the revisions and amendments are of a nature which require material changes in the quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the Issuing Office will enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids.

52.214-4001 POSTPONEMENT OF BID OPENINGS (May 2005)

a. Bid openings may be postponed up to or even after the time scheduled for bid opening under the following circumstances:

(i) when the Contracting Officer has reason to believe that the bids of an important segment of bidders have been delayed in the mails for causes beyond their control and without their fault or negligence (such as, but not limited to, flood, fire, accident, weather conditions or strikes); or

(ii) when emergency or unanticipated events interrupt normal Government processes so that the conduct of bid openings as scheduled is impracticable.

b. At the time a determination is made to postpone a bid opening under a(i) above, an announcement of the determination shall be publicly posted and, if practicable before issuance of formal amendment of the invitation, otherwise communicated to prospective bidders likely to attend the scheduled bid opening.

c. In the case of a(ii) above, when urgent Government requirements preclude amendment of the solicitation, the time specified for opening of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. In such case, the time of actual bid opening shall be deemed to be the time set for bid opening for the purpose of determining "late bids" under FAR 14-304.

52.214-4004 AWARD (May 2005)

Award will be made as a whole to one bidder.

52.214-4005 POINT OF CONTACT (February 2006)

Inquiries may be made by writing this office, or by calling (collect calls not accepted), the following individuals:

Donna Dooen 412-395-7468

Email: donna.y.dooen@usace.army.mil

Requests for hardcopies of the specifications will not be honored by telephone. Vendors must register at https://www.fbo.gov/ and download the plans and specifications. This site is also used for obtaining bid results and award information.

52.214-4009 SUBMISSION OF QUESTIONS (Feb 2006)

Due to the importance of maintaining the schedule for this project, it is requested that all questions regarding the specifications and/or drawings be submitted by March 19, 2010. All questions must be in writing and may be emailed to donna.y.dooen@usace.army.mil or faxed at 412-644-5109 to the point of contact listed for this solicitation. Any questions received after the above date will be answered at the discretion of the Contracting Officer.

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS

(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.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.222-4002 MINIMUM RATES (May 2005)

The wage rates specified in these specifications represent the minimum rates to be paid on the work and are not intended to represent the actual rates that the Contractor may have to pay. The Government does not guarantee that a sufficient supply of qualified labor can be obtained at the minimum rates specified.

52.225-22 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED

GOODS—BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAR 2009)

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act 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 the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act 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) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic 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 cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 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 the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic 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 if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000, 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 clause)

52.228-4001 BID BOND REQUIREMENTS (May 2005)

Each bidder shall submit with his bid, a Bid Bond (Std. Form 24 )with good and sufficient surety or sureties acceptable to the Government in the penal sum of twenty percent (20%) of the bid price or $3,000,000.00 whichever is lesser. In order to be considered an acceptable surety, a corporate surety must appear on the list contained in the Department of Treasury Circular 570, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies". The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents. A valid Power of Attorney for an individual acting as agent for surety shall accompany the bond.

FAILURE TO FURNISH A BID BOND OR A VALID POWER OF ATTORNEY, AS SPECIFIED, WITH BID

MAY RESULT IN REJECTION OF BID FOR NON-COMPLIANCE.

52.228-4002 CERTIFIED OR CASHIER’S CHECKS, BANK DRAFTS, MONEY ORDERS

OR CURRENCY (May 2005)

When a certified or cashier's check, bank draft, money order, or currency is furnished in lieu of furnishing a surety or sureties on a bond, the regular form of bond must be utilized and signed by the bidder. In the space provided for the insertion of the surety a statement shall be made substantially as follows:

"In lieu of surety (Insert here a description of the negotiable instrument or currency. Description to include where appropriate, date and number of negotiable instrument, bank on which drawn and amount) was furnished. The (check, sum, etc.) was deposited with the Finance and Accounting Officer, Corps of Engineers, Department of the Army, (insert address)."

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from US Army Corps of Engineers William S. Moorhead Federal Building Attn: Contracting Officer (Room 2203) 1000 LibertyAve., Pittsburgh, PA 15222-4186

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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) An organized site visit has been scheduled for-- March 11, 2010 at 10:00 a.m.

(c) Participants will meet at—

St Elias Church parking lot on 4200 Homestead Duquesne Road, Munhall PA 15120 - this is the church shown on plan sheet 2.

52.236-4000 SAFETY AND HEALTH REQUIREMENTS MANUAL (January 2009)

A copy of the current US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 and its changes are available at http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx.

The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

52.236-4006 ESTIMATED COST OF THE WORK (May 2005)

The estimated cost of the proposed work is between $1,000,000 and $5,000,000

52.236-4007 LOCATION AND DESCRIPTION OF WORK (May 2005)

Location. The work is located at Homestead Run, Munhall Borough, PA

Description of Work. The work consists of Sewer Line Rehabilitation of approximately 569 linear feet of 36-inch diameter, 1972 linear feet of 24-inch diameter, 103 linear feet of 18-inch diameter, and 191 linear feet of 15-inch diameter gravity sewer pipe by method of sliplining; and rehabilitation of 48 manholes; heavy cleaning; by-pass pumping; 10 service reconnections; clearing and grubbing and restoration. This description is for the base bid items. See Section C Technical Specifications for description on Additive Line Items.

52.236-4009 ACCESS TO SITE (May 2005)

The site of the work may be reached from state highways and local roads and streets, and the inland waterway system, as indicated on the drawings.

52.236-4013 SCOPE OF EMPLOYMENT OF PROFESSIONAL REGISTRANTS (May 2005)

This project was designed by the Pittsburgh District of the U. S. Army Corps of Engineers. The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237110

(2) The small business size standard is $33.5 million

(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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

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

(__) Paragraph (d) applies.

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

(c)(1) The following representations or certifications in ORCA 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 $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

(vi) 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

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

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

(Contracting Officer check as appropriate.)

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

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

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

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Certification.

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

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

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

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

FAR Clause Title Date Change

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

(End of Provision)

Section 00600 - Representations & Certifications

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST

COUNTRY (JAN 2009)

(a) "Definitions."

As used in this provision --

(a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof.

(2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria.

(3) "Significant interest" means --

(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as a director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtness of a firm.

(b) "Prohibition on award."

In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense.

(c) "Disclosure."

If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary.

The disclosure shall include --

(1) Identification of each government holding a significant interest; and

(2) A description of the significant interest held by each government.

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause.

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