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W81ET470487636
MONTGOMERY DAM GATE INSTALLATION AT MONTGOMERY LOCKS & DAM, MONACA, PA.
NAICS: 237990 - Other Heavy and Civil Engineering Construction (Dam Gate Installation)
Small Business Size Standard is $36,500,000.00
This project is being solicited as an unrestricted procurement.
Estimated Magnitude of Construction is betw een $5,000,000 and 10,000,000.
X
GREGORY SIES 412-395-7278
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
28-Apr-2017
(RFP)
(IFB)
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
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 ________450 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10
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 ______________31 May 2017 (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 CELRP-RC-P
W S MOORHEAD FEDERAL BUILDING
1000 LIBERTY AVENUE ROOM 2203
PITTSBURGH PA 15222-4186
W911WN
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
11:00 AM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
412-395-7110FAX:TEL: TEL: FAX:
W911WN-17-B-8003 44
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-17-B-8003
Section 00010 - Solicitation Contract Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Installation of Gates 2 & 3
FFP
Removal of existing dam Lift Gates 2 and 3 and associated components, Pier 2, Pier 3, and Pier 4 machinery housing modifications, Pier 2, Pier 3, and Pier 4 track and sill modifications and miscellaneous pier concrete repair, installation of new Government-Furnished dam Lift Gates 2 and 3 including associated lift chains and drive sprockets, and repair and relubrication of the gate lifting equipment.
FOB: Destination
MILSTRIP: W81ET470487636
PURCHASE REQUEST NUMBER: W81ET470487636
NET AMT
1001 1 Job OPTION Installation of Gate 1
FFP
Removal of existing dam Lift Gate 1 and associated components, Pier 1 and Pier 2 machinery housing modifications, Pier 1 and Pier 2 track and sill modifications and miscellaneous pier concrete repair, installation of new Government-Furnished dam Lift Gate 1 including associated lift chains and drive sprockets, and repair and relubrication of the gate lifting equipment.
FOB: Destination
2001 1 Job OPTION Repair Damages to Gate 4
FFP
Repair damaged metallizing and paint removal of existing coatings on a portion of the downstream lower chord, surface preparation, metallizing, painting, and collection and disposal of debris.
FOB: Destination
BID SCHEDULE
INSTALLATION OF VERTICAL LIFT GATES NO. 3, 2, AND 1
MONTGOMERY LOCKS & DAM
BASE CONTRACT – INSTALLATION OF LIFT GATES NO. 3 AND 2 (450 CALENDAR DAYS)
BID SCHEDULE
Item Description QTY Unit Unit Price $ Total $
0001 REIMBURSEMENT FOR
ACTUAL
PERFORMANCE AND
PAYMENT BONDS
PREMIUMS
1 JOB
0002 DIGITAL PROGRESS
IMAGES, MONTHLY,
BASE CONTRACT
10 SET
0003 DEMOLITION OF
EXISTING LIFT GATES
AND ASSOCIATED
ITEMS, BASE
CONTRACT
2 EACH
0004 DEMOLITION OF
EXISTING LIFT GATES
AND ASSOCIATED
ITEMS, BASE
CONTRACT
142 CUBIC
YARDS
0005 CONCRETE REMOVAL
BEYOND LIMITS OF
MODIFICATION, BASE
CONTRACT
10 CUBIC
0006 STEEL DOWELS AND 1,650 POUNDS
REINFORCING STEEL,
BASE CONTRACT
0007 ADDITIONAL STEEL
DOWELS AND
REINFORCING FOR
CONCRETE REPAIR,
BASE CONTRACT
100 POUNDS
0008 CONCRETE, PIER
MODIFICATION, BASE
CONTRACT
142 CUBIC
0009 ADDITIONAL
CONCRETE FOR
CONCRETE REPAIR
BEYOND
MODIFICATION LIMITS,
BASE CONTRACT
10 CUBIC
0010 EMBEDDED METALS,
BASE CONTRACT
18,060 POUNDS
0011 TYPE 1 SPALL REPAIR
(SHALLOW), BASE
CONTRACT
150 SQUARE
FEET
0012 TYPE 2 SPALL REPAIR
(DEEP), REINFORCING
STEEL, BASE
CONTRACT
800 POUNDS
0013 EPOXY INJECTION
ADHESIVE, BASE
CONTRACT
200 LINEAR
0014 TYPE 2 SPALL REPAIR
(DEEP), CONCRETE,
BASE CONTRACT
250 SQUARE
0015 MODIFICATION OF
MACHINERY
HOUSINGS, BASE
CONTRACT
3 EACH
0016 MODIFICATION OF
LIFT GATE
MACHINERY
SUPPORTS, BASE
CONTRACT
2 SETS
0017 REPAIR AND
REHABILITATION OF
GATE HOIST
MACHINERY, BASE
CONTRACT
2 SETS
0018 INSTALL
GOVERNMENT-
FURNISHED LIFT
GATES, BASE
CONTRACT
2 EACH
0019 INSTALL NEW
GOVERNMENT-
FURNISHED HOISTING
CHAINS, BASE
CONTRACT
2 SETS
0020 ELECTRICAL
EQUIPMENT AND
SYSTEMS, BASE
CONTRACT
2 EACH
0021 FURNISH AND INSTALL
SIGNAGE ON GATE NO.
1 JOB
0022 CLEAN BULKHEAD
UNITS, BASE
CONTRACT
4 EACH
TOTAL BASE CONTRACT ITEMS 0001-0022 $_________________________
AWARDABLE OPTION 1 – INSTALLATION OF LIFT GATE NO. 1 (210 CALENDAR DAYS)
Item Description QTY Unit Unit Price
Total $
1001 REIMBURSEMENT FOR
ACTUAL
PERFORMANCE AND
PAYMENT BONDS
PREMIUMS
1 JOB
1002 DIGITAL PROGRESS
IMAGES, MONTHLY
6 SET
1003 DEMOLITION OF
EXISTING LIFT GATES
AND ASSOCIATED
ITEMS
1 EACH
1004 CONCRETE REMOVAL,
PIER MODIFICATIONS ,
BASE CONTRACT
71 CUBIC
1005 CONCRETE REMOVAL
BEYOND LIMITS OF
MODIFICATION
5 CUBIC
1006 STEEL DOWELS AND
REINFORCING STEEL
825 POUNDS
1007 ADDITIONAL STEEL
DOWELS AND
REINFORCING FOR
CONCRETE REPAIR
50 POUNDS
1008 CONCRETE, PIER
MODIFICATION
71 CUBIC
1009 ADDITIONAL
CONCRETE FOR
CONCRETE REPAIR
BEYOND
MODIFICATION LIMITS
5 CUBIC
1010 EMBEDDED METALS 930 POUNDS
1011 TYPE 1 SPALL REPAIR
(SHALLOW)
100 SQUARE
1012 TYPE 2 SPALL REPAIR
(DEEP), REINFORCING
STEEL
400 POUNDS
1013 EPOXY INJECTION
ADHESIVE
50 LINEAR
1014 TYPE 2 SPALL REPAIR
(DEEP), CONCRETE
150 SQUARE
1015 MODIFICATION OF
MACHINERY
HOUSINGS
1 EACH
1016 MODIFICATION OF
LIFT GATE
MACHINERY
SUPPORTS
1 SETS
1017 REPAIR AND
REHABILITATION OF
GATE HOIST
MACHINERY
1 SETS
1018 INSTALL
GOVERNMENT-
FURNISHED LIFT GATE
1 EACH
1019 INSTALL NEW
GOVERNMENT-
FURNISHED HOISTING
CHAINS
1 SETS
1020 ELECTRICAL
EQUIPMENT AND
SYSTEMS
1 EACH
1021 CLEAN BULKHEAD
UNITS
2 SETS
TOTAL AWARDABLE OPTION ITEMS 1001-1021 $_________________________
AWARDABLE OPTION 2 – REPAIR COATINGS ON GATE NO. 4 AND PAINT MACHINERY HOUSE
BEAMS ON PIERS 4 AND 5 (60 CALENDAR DAYS)
Item Description QTY Unit Unit Price
Total $
2001 REIMBURSEMENT FOR
ACTUAL
PERFORMANCE AND
PAYMENT BONDS
PREMIUMS
1 JOB
2002 PREPARATORY WORK
FOR REPAIR OF
EXISTING COATING ON
LIFT GATE NO. 4
1 JOB
2003 CLEAN & PRESSURE
WASH EXISTING GATE
NO. 4 FOR
GOVERNMENT
INSPECTION
1 JOB
2004 REPAIR OF EXISTING
METALLIZING ON LIFT
GATE NO. 4
175 SQUARE
2005 REPAIR OF EXISTING
PRIME AND
INTERMEDIATE
COATINGS ON LIFT
GATE NO. 4
175 SQUARE
2006 TOP COATING REPAIR
ON LIFT GATE NO. 4
1 JOB
2007 FURNISH AND
INSTALL SIGNAGE ON
GATE NO. 4
1 JOB
TOTAL AWARDABLE OPTION ITEMS 2001-2007 $________________________
GRAND TOTAL – BASE YEAR, OPTION 1, OPTION 2 $_________________________
Section 00100 - Bidding Schedule/Instructions to Bidders
CLAUSES INCORPORATED BY REFERENCE
52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
52.225-10 Notice of Buy American Requirement--Construction Materials
MAY 2014
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.236-7008 Contract Prices-Bidding Schedules DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.
(End of provision)
52.217-5 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).
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade Goals for female participation for each trade
6.3 6.9
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is
Pennsylvania – Beaver County – 15061-2221
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 $3,000,000.00, 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.
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
U.S. Army Corps of Engineers William S. Moorhead Federal Building Attn: Contracting (Room 2203) 1000 Liberty Avenue Pittsburgh, PA 15222
(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)
(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) A site visit will be held at Montgomery Locks & Dam on 11 May 2017 at 10:00AM EST.
100 Montgomery Dam Road, Monaca, PA 15061-2221
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
ADDENDUM TO SECTION 00100
00100-1 POINT OF CONTACT
Inquiries may be made by writing this office, or by calling (collect calls not accepted), the following individuals:
Gregory Sies 412-395-7278
Email: Gregory.M.Sies@usace.army.mil
Requests for hardcopies of the specifications will not be honored. Vendors must register at http://www.fbo.gov/. This site is also used for obtaining bid results and award information.
00100-2 SUBMISSION OF QUESTIONS
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 May 18, 2017. All questions must be in writing and may be emailed to gregory.m.sies@usace.army.mil or faxed at 412-395-7110 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.
00100-3 AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS
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.
00100-4 POSTPONEMENT OF BID OPENINGS
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.
00100-5 BID BOND REQUIREMENTS
Each bidder shall submit with his bid, a Bid Bond, Form SF24 (REV. 8/2016), 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.
00100-6 CERTIFIED OR CASHIER'S CHECKS, BANK DRAFTS, MONEY ORDERS
OR CURRENCY
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).”
00100-7 AWARD
The Government will issue a single contract resulting from this solicitation to the lowest priced bid conforming to the solicitation.
00100-8 ESTIMATED COST OF THE WORK
The estimated cost of the proposed work is between $5,000,000 and $10,000,000.
00100-9 LOCATION AND DESCRIPTION OF WORK
Location. The work is located at Montgomery Locks & Dam, Beaver County, 100 Montgomery Dam Road, Monaca, PA 15061-2221
Description of Work. The Dam Gate Installation Contract base contract, Gate Nos. 2 and 3, consists of removal of existing dam Lift Gates 2 and 3 and associated components, Pier 2, Pier 3, and Pier 4 machinery housing modifications, Pier 2, Pier 3, and Pier 4 track and sill modifications and miscellaneous pier concrete repair, installation of new Government-Furnished dam Lift Gates 2 and 3 including associated lift chains and drive sprockets, and repair and relubrication of the gate lifting equipment.
The Dam Gate Installation Contract Awardable Option 1, Gate No. 1, consists of removal of existing dam Lift Gate 1 and associated components, Pier 1 and Pier 2 machinery housing modifications, Pier 1 and Pier 2 track and sill modifications and miscellaneous pier concrete repair, installation of new Government-Furnished dam Lift Gate 1 including associated lift chains and drive sprockets, and repair and relubrication of the gate lifting equipment.
Awardable Option 2, Repair Damaged Metallizing and Paint, Existing Gate No. 4 consists of removal of existing coatings on a portion of the downstream lower chord, surface preparation, metallizing, painting, and collection and disposal of debris.
00100-10 SCOPE OF EMPLOYMENT OF PROFESSIONAL REGISTRANTS
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.
00100-11 ACCESS TO SITE
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.
00100-12 MINIMUM RATES
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.
00100-13 SITE INVESTIGATION BY THE CONTRACTOR
If the Contractor proposes to perform investigations at the site, including but not limited to exploratory drilling, digging test pits, trenching or sampling, such work shall conform to the following requirements:
a. The bidder shall provide evidence of insurance to the Contracting Officer as required by the provision entitled "Required Insurance" prior to entering the site.
b. The bidder shall provide notification to the point of contact given in the provision entitled "Inspection of Site".
c. Upon completion of such investigation, the site shall be restored to its original contours and appropriate measures, including seeding and mulching, as required, shall be performed to prevent erosion and to the satisfaction of the Contracting Officer.
00100-14 UNBALANCED BIDS
A Contractor's bid which is materially unbalanced will be deemed as nonresponsive and may be rejected.
00100-15 PERMISSION FOR USE OF CONTRACTOR-FURNISHED
DISPOSAL AREAS
(a) The bidder shall submit with his bid, written permission of the owners of the property proposed as disposal areas and of the property involved in obtaining access to the disposal areas.
In the event that the Contractor is the owner of the property, he shall describe the property and certify that he owns it.
(b) Award of the contract will be subject to the acceptance of the Contractor's proposed disposal areas by the Contracting Officer.
Section 00600 - Representations & Certifications
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreeements or Statements
JAN 2017
52.204-19 Incorporation by Reference of Representations and Certifications.
DEC 2014
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990 Other Heavy and Civil Engineering Construction.
(2) The small business size standard is $36,500,000.00.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM 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:
( X ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 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.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 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.
(xii) 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.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 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.
(xv) 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.
(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.
Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvii) 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.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) 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 $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 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 SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in 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, identifying change 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 SAM.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 237990- assigned to contract number W911WN-17-B-8003.
(Contractor to sign and date and insert authorized signer's name and title).
(End of clause)
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)
Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:
(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.
(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations. Applies to solicitations for the acquisition of commercial satellite services.
(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.
(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.
(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer:
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____ Use with Alternate I.
____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
____ Use with Alternate IV.
____ Use with Alternate V.
(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision 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/DFARS 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 located in the SAM database.
Section 00700 - Contract Clauses
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.210-1 Market Research APR 2011 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -
Modifications - Sealed Bidding
AUG 2011
52.214-28 Subcontracting Certified Cost Or Pricing Data-- Modifications--Sealed Bidding
OCT 2010
52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-9 Alt I Small Business…
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