Conformed solicitation thru Amend 4 INFO ONLY.pdf

W911WN-10-B-0010-0004

W81ET493104438

Pine Hollow Stream Removal Project, Kennedy Tow nship, Stow e Tow nship, and McKees Rocks Borough, Section 219 Project, Allegheny County, Pennsylvania.

This procurement is set aside 100% for Small Business.

*Block 11 Fill-in -- For completion period see Clause 52.211-10

X

LINDA L BRESSLER 412-395-7508

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

30-Apr-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 ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________* See above

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 ______________24 Jun 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 2203

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: 412-395-7477 TEL: FAX: 412-644-5109

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-0010

Section SF 30 - BLOCK 14 CONTINUATION PAGE

ATTENDEES TO PRE-BID SITE VISI

Kathy Jo Macks CM Marks Inc.

Brendan Bovard Independence Excavating

Rachael Caton IAP Adam Potes Kokosing Construction Charles Merlo Merlo Construction

Don Lassiter A. Merante Construction Milton Lenhart Alcosan Brad Duda Baker Engineering Frank Zottola FJZCI Vince Smith Set Inc.

Doug Susang Set Inc.

Ron Klonowski Gregori Construction Jack Cargnoni Independent

REASON FOR CHANGE TO OPTION

The Reason for Revised Option A

The parcel of property between Singer Road to the outfall (as shown on Sheet 19) which includes the temporary work area easement and permanent utility easement has not yet been cleared for real estate certification. This area is now included as an awardable Option A. Once all the real estate requirements are met, this Option will be awarded.

It is anticipated that the contractor will need to start the construction work in Singer Avenue at approximately station 51+25.

The work from station 0+00 to 51+25 is now included in the base package.

QUESTIONS AND ANSWERS 2

Pine Hollow Stream Removal, Allegheny County Additional Questions and Answers

Q1. Section 31 00 00, Paragraph 1.3.3 Rock Excavation – Is Payment for rock excavation made in addition to the unit price bid for Class 4 excavation, as stated in Section 31 00 00, Paragraph 1.3.3 - Rock Excavation? Or is rock excavation not paid for in addition to Class 4 excavation, as stated in Section 31 00 00, Paragraph 1.6.1.2 - Class 4 Excavation?

A1. Rock is paid for at the unit price bid for the cubic yards removed. It is not an additive to the unit price bid for the Class 4 Excavation. The description in the Measurement and Payment section for the Rock Excavation (Section 31 00 00, paragraph 1.3.3) has been clarified in detail by Amendment 0004 to explain this point.

Q2. Item 0018 - Coarse Aggregate 2A above says 2A backfill is from 12” above the crown of the pipe to the street subgrade, while Section 31 00 00, Paragraph 1.3.3 - Rock Excavation says “select granular backfill (2A) used as backfill replacing rock excavation will not be paid for separately” and will be included (incidental) in the rock excavation item. Please clarify.

A2. Item 0018 - Coarse Aggregate 2A Backfill for the rock excavation will not be “incidental” to the Rock Excavation item. The 2A backfill item will be utilized for backfilling trench excavations, above the pipe zones. Section 31 00 00, Paragraph 1.3.3 has been corrected by Amendment 0004.to state that description.

Q3. Item 0014 - Rock Excavation does not include disposal of the rock, but Section 31 00 00, Paragraph 1.3.3 - Rock Excavation above says payment for rock excavation includes disposal of the rock. Please clarify if disposal of the rock is to be included in Bid Item 0014 or 0015, “Offsite Disposal of Excavated Material”.

A3. Disposal of Rock will be paid for under Item 0015 - ARRA - Off-Site Disposal of Excavated Material. Section 31 00 00, Paragraph 1.6.1.3 has been corrected by Amendment 0004.

Q4. Section 31 00 00, Paragraph 1.3.2 - Class 4 Excavation says Class 4 Excavation includes “full payment for excavation and backfilling”. Obviously, the backfill is not included when paid under Item 18. Please clarify.

A4. Class 4 Backfill is paid for under separate items, Item 0018 - ARRA - Coarse Aggregate (No. 2A) and Item 1016 - Coarse Aggregate (No. 2A), and is not included in Class 4 Excavation.

Section 31 00 00 has been corrected by Amendment 0004 with these corrections and clarifications. Section 01 22 00.00 10 items have been clarified to help further explain the measurement and payment of items.

Q5. There are areas where telephone duct banks are in the 60” line’s trench for considerable distances, yet there is no pay item for relocation of the lines. What is the intent here?

A5. The telephone duct banks will be relocated by Verizon. This work is to be coordinated by Contractor as indicated in the General Construction Notes on Sheet 2 and Section 01 30 00.10 USACE GENERAL REQUIREMENTS, paragraph PROTECTION OF UTILITIES.

Q6. Station 37+23 - There is no pay item for the 12” PVC SDR 26 line, sanitary sewer relocation in the Base Bid. Please clarify.

A6. There is a quantity in the pay item with the Amendment 0004 Base Bid Phase (Item 0074). This was previously Item 1052.

Q7. Item 0047, Water Service Line Repair - Measurement and Payment says “Surface restoration is paid for under separate pay items”. Presumably, this refers to trench pavement restoration being paid under the paving items. Is this also true for Item 0046, 1” water service line? Please clarify.

A7. Yes, but the items have been deleted from the contract. New Bid Items have been added by Amendment 0004 which consolidate the water repair items in predetermined amount items for all waterline work related items (Item 0073 – Reimbursement for Water System Adjustments and Item 1015 – Reimbursement for Water System Adjustments. The surface restoration is still paid under the paving items.

Q8. The whole issue of what’s included in Class 4 excavation should be clarified regarding what structures are measured for Class 4 excavation. For example, measurement/payment says excavation for “pipe trenching, inlets and manholes” are included, yet the measurement and payment for Item 0026, Type C Inlet does not refer to excavation for payment.

A8. Item 0026 – ARRA - Type C Inlet and Item 0029 – ARRA - Type M Inlet Structure do include excavation as incidental (not paid under Class 4 Excavation).

Q9. Items 0031, 0032, 1032, 0046, 1048, 1052, etc. state excavation is incidental to the item and not paid under Class 4 Excavation. Please clarify what excavations are paid under Class 4 Excavation

A9. The Measurement and Payment section, 01 22 00.00 10 has been updated by Amendment 0004 to better clarify the Class 4 Excavation item and the individual appurtenance items, indicating what is included and what is incidental to the various items.

Q10. Section 31 00 00, Paragraph 1.2.2, “Class 4 Excavation (Piping Trench and Structure Excavation”. Says structure excavation is included in Class 4 Excavation, yet, the measurement and payment for Intake Structures 1 & 2 and the Outfall Structure say excavation is incidental for the item and not paid under Class 4 Excavation. Please clarify.

A10. Section 31 00 00 has been clarified by Amendment 0004 to specify what is included in Class 4 Excavation. Excavation and backfill is Incidental for the Intake and outfall structures as specified in the measurement and payment section for those items.

A11. In the Specifications Prime Coat is referenced, from looking at the drawings details and tabulation on sheet 8. We should include a tack coat prior the placement of the wearing course.

A11. The title of Section 32 12 10 was incorrect in the table of contents. Tack coat should be incidental to item 1.2.38 Bituminous Wearing Course. It is stated as being incidental to BCBC in specification section 32 12 10, and in the BCBC Measurement and payment item 1.2.40 of section 01 22 00.00 10. Section 32 12 10 and section 01 22 00.00 10 have been revised by Amendment 0004 to include the tack coat as being incidental to wearing course and the Table of Contents for Section 32 12 10 has been corrected.

Q12. Bid proposal items 0042 and 1042, Wearing Scratch Course states 1-1/2" depth. The detail states 1" depth and the bid quantity does not include enough material for a total 1" depth scratch course.

A12. The Wearing Scratch Coat is variable depth, paid by the Ton. It is not anticipated to be used for the whole length and width of the paving. It is to be used, as needed, to correct variations in the surface prior to the installation of the 1-1/2" wearing course. The item title on bid sheet and in 01 22 00.00 10, Measurement and Payment have been corrected by Amendment 0004 (1-1/2” Depth has been removed).

Q13. The existing Bituminous Wedge Curb along Pine Hollow Road. Does the existing wedge curb get milled, if so where do we include the installation of the new wedge curb

A13. Yes, the existing wedge curb gets milled. The new wedge curb is paid for as part of the wearing course square yard item.

Q14. Can we perform the final mill and overlay in one mobilization per contract.

A14. Yes. However, final milling and overlay is not to be performed until all inlets have been constructed.

SPECIFICATION REVISIONS:

The following portions of the specifications are hereby revised or replaced in their entirety as noted below:

1. Table of Contents—Revised

2. Section 01 14 00 Work Restrictions—Revised

3. Section 01 22 00.00 10 Measurement and Payment—Replaced

4. Section 31 00 00 Earthwork—Revised

5. Section 32 12 10 Bituminous Tack Coats—Revised

6. Section 32 30 10.10 Miscellaneous Site Work—Replaced

7. Section 33 41 00 Storm Drainage Utilities—Revised

DRAWING REVISIONS:

1. Drawing Sheet No. 10 of 49, Replaced (Incorporates PEN & INK CHANGES from Amendment 0001)

2. Drawing Sheet No. 12 of 49, Replaced (Incorporates PEN & INK CHANGES from Amendment 0001)

3. Drawing Sheet No. 14 of 49, Replaced

4. Drawing Sheet No. 16 of 49, Replaced

5. Drawing Sheet No. 19 of 49, Replaced

QUESTIONS AND ANSWERS

QUESTIONS AND ANSWERS

Q1. Section 04 45 01 page 7, Item 3.4.4 CQC Personnel- In addition to the CQC Manager being on-site full time with no other duties, this paragraph requires the Civil and Geotechnical Engineer “be physically present at the construction site during work on their areas of responsibility”. Even though the specs allow a single individual, who is qualified in both disciplines, to meet this requirement, civil and geotechnical work is going on continuously from start to finish of the Project and, therefore, this paragraph appears to require another full-time, dedicated and expensive person on site at all times, in addition to the CQC Manager. For the most part, construction will be underway at one location along the pipe run. Please confirm or clarify what is required.

A1. Specification Section 01 45 01 has been revised to eliminate the Civil Engineer requirement; the CQC Manger can do this job. For the Geotech engineer on the CQC staff, a note was added to Specification Section 01 45 01, paragraph 3.4.4, clarifying this individual must meet the additional requirements as spelled out in 31 00 00, Para

3.4.2. Specification Section 31 00 00, the last sentence of Paragraph 3.4.2 has been revised changed last sentence to say the meetings are set up by the Contractor.

Also section 01 45 01, Para 3.4.5; The Contractors Association of Western PA does not sponsor the course. The requirement was added that valid certificates must be less than 5 years old.

Q2. In our experience, we have had to staff what is called a quality control individual. This person was to be employed and paid by us, but there position was as a representative of the army corp. Our interpretation of the specifications manual leads us to believe we need to employ a staff of at least two individuals. Is this correct and does the army corp. have a referral list for these certified individuals.

A2. The requirements for CQC personnel are specified in Section 01 45 01.

Q3. Sheet 6/49, detail on Trench and Bedding Backfill for Sanitary Sewer. Please define “Native Screened Material” and the screening size.

A3. This portion of the detail refers to sewer installations beyond the limits of paved areas, in which the native materials excavated from the trench may be used as backfill above the pipe zone. The material properties must meet the requirements as outlined in PennDOT publication 408, Section 206 Embankment. In section 206.2, the specific properties of applicable native materials are indicated. The reference has been included in Specification section 31 00 00, paragraph 3.9.1.3(b).

Q4. How will the “Low Bidder” be selected, i.e. Base Bid or Base Bid + Options?

A4. The “Low Bidder” will be determined in accordance with solicitation provision 252.236-7007, entitled “Additive or Deductive Items” (See pages 74 & 75 of the solicitation). Also, see page 3 stating, “Additive A will be awarded all inclusive.”

Q5. What is the percentage of the work that must be performed in the situation where a small business subcontracts work to a large business?

A5. FAR clause 52.219-14, entitled “Limitations on Subcontracting” has been incorporated to address this question.

Q6. We could not find Section 01 45 04.10 06 as listed in the Table of Contents for the Technical Specifications.

A6. This listing was eliminated in the revised Table of Contents.

Q7. Note #2 on sheet 10 of 49 says that "All exposed steel shall be galvanized." We assume that this is limited to the steel associated with the trash screens only. Please confirm that the manhole covers and frames, as well as the inlet grates and frames are not to be galvanized.

A7. This is correct.

Q8. Sheet 10 of 49 says that the manholes covers and frames should be Neenah 1556-A, however this is a bottom-flanged, surface mounted frame and cannot be recessed. We shall assume that the top-flanged, recessed Neenah R6067 or equal will be an acceptable basis of design. Please confirm or provide a recessed basis of design.

A8. The Neenah R6067 is acceptable. This designation will be corrected on the drawing.

Q9. Please provide a basis of design for the "2'x4' Inlet Grate/Frames (Recessed)" required for Intake Structure #2.

A9. The recessed frame at Intake Structure #2 should be installed as illustrated on RC-34 of PennDOT Pub #72.

The following note will be added to Drawing Sheet No. 12 of 49: “RECESSED 2’ X 4’ INLET GRATE/FRAME

SHALL BE AS SHOWN ON PENNSYLVANIA DEPARTMENT OF TRANSPORTATION PUBLICATION

72M, RC-34M FOR TYPE M INLET.WITH STRUCTURAL STEEL GRATE.

Q10. CONTECH has been asked by several bidders on this project to evaluate the 60” HDPE pipe run and possibly provide a VE alternate. I would like to formally seek your approval to quote an alternate 60” pipe. This alternate would be 60”, 14 gage, aluminized, spiral rib pipe. The service life of HDPE pipe per DM-2 is 50 years. The service life of 14 gage Aluminized (ALT2) is 50 yrs per Penn DOT DM-2 table 10.7.31. (100 years for 12 gage.)

The manning’s “n” of spiral ribbed pipe is 0.012 and structurally it exceeds the capabilities of 60” HDPE. We can manufacture fully welded elbows, fittings and Manhole risers with steps or ladders. We would provide 2 pc Levee Bands with flat gaskets at each joint.

A10. All bids must be based upon the materials as specified in the specifications, which would be the HDPE and related fittings, etc. It is not as simple as just substituting an item or two, as numerous other bid items are designed around the HDPE pipe. Any suggested changes can be addressed after contract award in accordance with the Value Engineering clause (FAR clause 52.248-3-Alt I.)

Q11. The detail for trench excavation shows a pay limit for width of trench. This trench width limit will not be wide enough to accommodate trench boxes or allow for possible cave ins. There is also a bid item for CY. Of backfill stone and SY. of pavement restoration. The question is: will the backfill material and pavement restoration be paid as unit price of material used regardless of trench width or will trench width pay limits dictate allowable quantities of backfill and pavement repair quantities.

A11. Excavation will be measured to the trench pay limits shown on the drawing. No payment will be made for excavation and related backfill outside the pay limits shown. Costs for shoring, additional excavation, and additional backfill resulting from the additional backfill should be included in the costs for the measured excavation.

The specification (Section 31 00 00) has been revised to clarify this.

SPECIFICATION REVISIONS:

The following portions of the specifications are hereby replaced in their with the items included with the Amendment:

8. Table of Contents

9. Section 01 45 01

10. Section 31 00 00

DRAWING REVISIONS (PEN & INK CHANGES):

6. Drawing Sheet No. 10 of 49, in the Intake Structure #1 Isometric View, the designation for “NEENAH 1556-A WITH RECESSED FRAME OR APPROVED EQUAL” is hereby changed to read ‘NEENAH R-

6067 WITH RECESSED FRAME OR APPROVED EQUAL”.

7. The following note is added to Drawing Sheet No. 12 of 49: “RECESSED 2’ X 4’ INLET

GRATE/FRAME SHALL BE AS SHOWN ON PENNSYLVANIA DEPARTMENT OF

TRANSPORTATION PUBLICATION 72M, RC-34M FOR TYPE M INLET.WITH STRUCTURAL

STEEL GRATE.

Section 00010 - Solicitation Contract Form

BID SCHEDULE

The Bid Schedule for this contract is broken into two groups of Contract Line item Numbers (CLINs) as noted below:

1. BASE BID includes 0001 through 0075, STA 0 + 00 to 51 + 25 in the contract drawings.

2. Awardable Option CLINS include 1001 through 1060, STA 51.25 to 54 + 87.64 in the contract drawings. Awardable Option will be awarded all inclusive.

The Government reserves the right to revise ARRA/Non-ARRA designations for Bid Item 0001-0075 based upon available funds.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

ARRA - REIMBURSE PERF & PYMT BONDS

FFP

Reimbursement for Actual Performance and Payment Bonds Premium Base Contract

FOB: Destination

MILSTRIP: W81ET493104438

PURCHASE REQUEST NUMBER: W81ET493104438

NET AMT

0002 1 Lump Sum

ARRA - MAINTENANCE BOND

FFP

See Section 01 30 00.10 General Requirements--Maintenance Bond

FOB: Destination

0003 1 Lump Sum

ARRA - MAINTENANCE & PROTECTION TRAFFIC

FFP

Maintenance & Protection of Traffic during construction

0004 1 Lump Sum

ARRA - EROSION & SEDIMENTATION CONTROL

0005 1 Lump Sum

ARRA - ARRA PROJECT SIGN

FFP

0006 1 Lump Sum

ARRA - CLEARING & GRUBBING

0007 75 Cubic

Yard

ARRA - MISC. CONCRETE FOR ENCASEMENT

Miscellaneous Concrete for Encasement, Pipe Cradles, Slope Anchors, and Pipe Collars

0008 18,230 Square

ARRA - MILLING BITUMINOUS PAVEMENT SURF

Milling of Bituminous Pavement Surface, 2" Depth

RESERVED

0010 52 Linear

Foot

ARRA - CONCRETE CURB REMOVAL & REPLCMT

Concrete Curb Removal & Replacement

0011 10 Square

ARRA - SIDEWALKS, CURBS & RAMPS

Concrete Sidewalks, Monolithic Curbs (4") and Handicapped Ramps

0012 3,690 Cubic

ARRA - CLASS 1B EXCAVATION

0013 20,000 Cubic

ARRA - CLASS 4 EXCAVATION

0014 4,700 Cubic

ARRA - ROCK EXCAVATION

0015 27,000 Cubic

ARRA - OFF-SITE DISPOSAL OF EXC MATERIAL

Off-site Disposal of Excavated Material

0017 8,300 Square

ARRA - PAVEMENT SUBBASE (No. 2A)

0018 14,720 Cubic

ARRA - COARSE AGGREGATE (No. 2A)

0019 20 Pound

ARRA - SEEDING & SOIL SUPPLEMENTS

FFP

Seeding and Soil Supplements-Formula B

0020 42 Pound ARRA - Seeding and Soil Supplements

Formula D

0021 2 Short Ton

ARRA - MULCHING-STRAW

0023 9,154 Linear

ARRA - PAVEMENT MARKINGS

4" Yellow Hot Thermoplastic Pavement Markings

0024 6,442 Linear

6" White Hot Thermoplastic Pavement Markings

0025 118 Linear

12" White Hot Thermoplastic Pavement Markings

0026 1 Each

ARRA - TYPE C INLET

0027 3,200 Linear

6" White Waterborne Pavement Markings

0028 4,800 Linear

4" Yellow Waterborne Pavement Markings

0029 15 Each

ARRA - TYPE M INLET

0030 1 Each

ARRA - INTAKE STRUCTURE 2

0031 2 Each ARRA - SANITARY MANHOLE - 4' diam.

0032 9 Each ARRA - ACCESS MANHOLE - 5' diam.

0034 19 Each

ARRA - MANHOLE GRADE ADJUSTMENT

0035 6 Each

ARRA - INLET GRADE ADJUSTMENT

0036 5,100 Linear

ARRA - 60" HDPE TYPE S STORM SEWER

0037 285 Linear

ARRA - 15" PVC SDR 26 STORM SEWER

0038 17 Each

ARRA - 15" INSERTION TAP

0039 30 Each

ARRA - 60" HDPE BEND

60" HDPE Bend (less than or equal to 22 1/2 deg)

0040 3 Each

ARRA - 60" HDPE BEND

60" HDPE Bend (greater than 22 1/2 deg)

0041 18,230 Square

SUPERPAVE ASPHALT

Superpave Asphalt Mixture Design, HMA Wearing Course, PG 64-22, 3 to <10 Million ESALS, 9.5 MM Mix, 1 1/2" Depth, SRL-H

0042 565 Short Ton

SUPERPAVE ASPHALT

FFP

Superpave Asphalt Mixture Design, HMA Wearing Course(Scratch), PG 64-22, 3 to <10 Million ESALS, 9.5 MM Mix, SRL-L

0043 8,300 Square

Superpave Asphalt Mixture Design, HMA Base Course, PG 64-22, 3 to <10 Million ESALS, 25.0 MM Mix, 6" Depth

0044 8,300 Square

Superpave Asphalt Mixture Design, HMA Binder Course, PG 64-22, 3 to <10 Million ESALS, 19.0 MM Mix, 2 1/2" Depth

0045 100 Square

PLAIN CEMENT CONCRETE PAVEMENT

0053 70 Cubic

GROUT EXISTING PIPE

Grout Existing Pipe, (Bulkhead Existing Line)

0054 440 Linear

4"-6" PVC SDR 26 Sewer Repair

RESERVED

FFP

0057 300 Cubic

OVER-EXCAVATION AND BACKFILL

Over-Excavation and Backfill with No. 1 Coarse Aggregate

0058 30 Each

EXPLORATORY EXCAVATION

FFP

Exploratory Excavation Water, Sewer and Gas - Up to 6' Deep

0059 20 Each

EXPLORATORY EXCAVATION

FFP

Exploratory Excavation Water, Sewer and Gas - Over 6' Deep

0060 120 Hours

OFF-DUTY OFFICER

LH

0061 60 Hours

SEWER TELEVISING, DYE TESTING

0062 4 Each

RESET POST MOUNTED SIGNS, TYPE B

0063 2 Each

RESET POST MOUNTED SIGNS, TYPE F

0064 100 Square

ARRA - Rip Rap R-5 (24" thick)

0065 70 Square

ARRA - Geotextile, Class 2, Type A

RESERVED

0067 20 Linear

ARRA - 24" White Hot Thermoplastic

Pavement Markings

0068 1 Each ARRA - Intake Structure 1

0069 1 Each ARRA - Storm Manhole - 5' diam.

0070 115 Linear

ARRA - 36" Corrug HDPE

Type S Storm Sewer

0071 2 Each Terminal Section, Single

0072 75 Linear

Type 2-S Guide Rail

0073 52,000 Dollars, U.S.

Reimbursement for Water System

Adjustments

0074 100 Linear

12" PVC SDR 26 Sewer

0075 85,000 Dollars, Reimbursement for Natural Gas System

Adjustments

1001 1 Lump Sum

REIMBURSE PERF & PYMT BONDS

FFP

Reimbursement for Actual Performance and Payment Bonds Premium Additive A

1002 1 Lump Sum

MAINTENANCE & PROTECTION TRAFFIC

Maintenance & Protection of Traffic during construction

1003 1 Lump Sum

EROSION & SEDIMENTATION CONTROL

1004 1 Lump Sum

CLEARING & GRUBBING

1005 125 Cubic

MISC. CONCRETE FOR ENCASEMENT

Miscellaneous Concrete for Encasement, Pipe Cradles, Slope Anchors, and Pipe Collars

1006 1 Lump Sum Maintenance Bond

1007 42 Linear

Concrete Curb

Removal and Replacement

1008 18 Square

Concrete Sidewalks

Monolithic Curbs (4") and Handicapped Ramps

RESERVED

FFP

1010 1 Each Outfall Structure

1011 2,100 Cubic

CLASS 4 EXCAVATION

1012 400 Cubic

ROCK EXCAVATION

1013 750 Cubic

OFF-SITE DISPOSAL OF EXC MATERIAL

Off-site Disposal of Excavated Material

1015 2,000 Dollars, Reimbursement for Water System

Adjustments

1016 1,000 Cubic

COARSE AGGREGATE (No. 2A)

1017 22 Pound

SEEDING & SOIL SUPPLEMENTS

FFP

Seeding and Soil Supplements-Formula B

1018 5,000 Dollars, Reimbursement for Natural Gas

System Adjustments

1019 1 Short Ton

MULCHING-STRAW

1025 2 Each Access Manhole - 5' Diam

1026 330 Linear

60" HDPE

Type S Storm Sewer

1027 1 Each 60" HDPE Bend

(less than or equal to 22 1/2 deg)

1028 20 Cubic

Over-Excavation and Backfill

With No. 1 Coarse Aggregate

1029 2 Each Exploratory Excavation

Water, Sewer & Gas - Up to 6' Deep

1030 2 Each Exploratory Excavation

Water, Sewer, and Gas-Over 6' Deep

1031 8 Hours Off-Duty Officer

RESERVED

FFP

RESERVED

FFP

RESERVED

FFP

RESERVED

FFP

RESERVED

FFP

RESERVED

FFP

RESERVED

FFP

SUMMARY OF TOTALS

TOTAL PRICE FOR BASE CONTRACT,

ITEMS 0001 THROUGH 0075 $_____________________

TOTAL PRICE FOR OPTION A,

ITEMS 1001 THROUGH 1060 $_____________________

TOTAL, BASE CONTRACT AND OPTION A

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.

52.214-18 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.

(End of provison)

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:

Mr. David Heidish 412-395-7276 for Technical Information

Ms. Linda Bressler 412-395-7508 for Contracting Questions

Email: linda.l.bressler@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 June 17, 2010. All questions must be in writing and may be emailed to linda.l.bressler@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.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be twenty (20) 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 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. Standard Form 24 (Bid Bond) is furnished for information of bidders.

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 Liberty Avenue 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—May 10, 2010 at 10:00 A.M.

( c ) Participants will meet at--Stowe Twp Municipal Building

555 Broadway Avenue McKees Rocks, PA 15136

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 $5,000,000 and $10,000,000

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

a. Location. The work is located in and around Pine Hollow Road and Singer Avenue, in Kennedy Township, Stowe Township, and McKees Rocks Borough, in Allegheny County, Pennsylvania.

b. Description of Work. The work consists of construction of an enclosure to remove stream flows from the overloaded combined sewer system and convey this storm water flow directly to Chartiers Creek. Also included are the restoration of grass and pavement areas, and all other incidental work.

52.236-4008 ACCESS TO SITE (May 2005)

The site of the work may be reached from state highways and local roads and streets 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.

00600 REPS & CERTS

Section 00600 - Representations & Certifications

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…