JDNFLPUMP_BCOE_Project_Manual.pdf

REQUEST FOR PROPOSALS

W9127N-10-R-0026

JOHN DAY LOCK AND DAM,

KLICKITAT COUNTY, WASHINGTON

JOHN DAY NORTH FISH LADDER

PUMP SATOC

PROJECT MANUAL

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ev iew

ARRA Funded Contract: Special Clauses associated w ith this contract can be found in section 00800.

NAME OF PROJECT: JOHN DA Y NORTH FISH LADDER PUMP SATOC

LOCATION: Klickitat County, Washington

MAGNITUDE OF CONSTRUCTION: $5,000,000.00 TO $10,000,000.00

NAICS: 333119

TREVOR LAUGHTER 503-808-4613

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 (RFP)

(IFB)

X

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. NA ME

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 _______5 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 _________________________Section 00800

12 A . THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE A ND 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 __________4 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________ (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

US ARMY CORPS OF ENGINEERS

333 SW FIRST AVE

PORTLAND OR 97204-3495

W9127N

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CA LENDAR DAYS

(hour)

Sealed envelopes containing offers

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

8. A DDRESS OFFER TO (If Other Than Item 7)

503-808-4605FAX:TEL: 503-808-4612 TEL: FAX:

W9127N-10-R-0026 59

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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 of fers 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. A CKNOWLEDGMENT OF A MENDMENTS

(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. A MOUNT 23. A CCOUNTING AND APPROPRIATION DA TA

24. SUBMIT INVOICES TO A DDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DA TE

25. OTHER THAN FULL A ND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. A DMINISTERED BY

(Include ZIP Code)14. NA ME AND A DDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

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 lis ted. This award con-to f urnish and deliv er all items or perf orm all work, requisitions ident if 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 s tated in t his 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 c lauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or at tached to this contract.

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

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF A MERICA 31C. A WARD 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

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Section 00010 - Solicitation Contract Form

BID SCHEDULE

SECTION 00010

JOHN DAY NORTH FISH AUXILLARY PUMPS

PRICE SCHEDULE TASK ORDER 0001

ITEM

NUMBER DESCRIPTION

ESTIMATED

QUANTITIES UNIT

UNIT

PRICE

ESTIMATED

AMOUNT

Engineering and Dynamic Analysis Model Report

JOB $___________

7002 Hydraulic Model Testing 1 JOB $___________

7003 Mobilization/ Demobilization (optional) 6 EA $_______ $___________

7004 Existing Pump Removal (optional) 6 EA $_______ $___________

7005 Motors (optional) 6 EA $_______ $___________

7006 Gear Boxes (optioanl) 6 EA $_______ $___________

7007 Other Pump Components (optional) 6 EA $_______ $___________

7008 Variable Frequency Drives (optional) 6 EA $_______

7009 Installation & Construction (optional) 6 EA

7010 Testing and Commissioning (optional) 6 EA

Total Base CLIN $_____________________

Total Optional CLIN $_____________________

Total Base and Optional $_____________________

00010-3

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Negotiated Per Task Order Engineering and Dynamic Analysis

FFP

Period of Performance is from date of award plus one year. Assume all task orders are ARRA funded and will be identified in the task order bid schedule as 7000 to distinguish from appropriated funds. This line item will be executed via the first task order only.

FOB: Destination

0002 Negotiated Per Task Order Hydraulic Model Testing

FFP

Period of Performance is from date of award plus one year. Assume all task orders are ARRA funded and will be identified in the task order bid schedule as 7000 to distinguish from appropriated funds. This line item will be executed via the first task order only.

0003 Negotiated Per Task Order Mobilization/ Demobilization

FFP

Period of Performance will be date of award plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000. To be executed once per task order that includes construction of at least one pump. No minimum guarantee for base year.

00010-4

0004 Negotiated Per Task Order Existing Pump Removal

FFP

Period of Performance will be date of award plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000. No minimum

0005 Negotiated Per Task Order Motors

FFP

Period of Performance will be date of award plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000. No minimum

0006 Negotiated Per Task Order Gear Boxes

FFP

Period of Performance will be date of award plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000. No minimum

00010-5

0007 Negotiated Per Task Order Other Pump Components

FFP

Period of Performance will be date of award plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000. No minimum

0008 Negotiated Per Task Order Variable Frequency Drives

FFP

Period of Performance will be date of award plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000. No minimum

0009 Negotiated Per Task Order Installation & Construction

FFP

Period of performance will be date of award plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000. No minimum

00010-6

0010 Negotiated Per Task Order Testing and Commissioning

FFP

Period of Performance will be date of award plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000. No minimum

1003 Negotiated Per Task Order OPTION Mobilization/ Demobilization

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

To be executed once per task order that includes construction of at least one pump.

Minimum quantity this option year is the purchase, construction and installation of one pump.

1004 Negotiated Per Task Order OPTION Existing Pump Removal

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and installation of one pump.

00010-7

1005 Negotiated Per Task Order OPTION Motors

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

1006 Negotiated Per Task Order OPTION Gear Boxes

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

1007 Negotiated Per Task Order OPTION Other Pump Components

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

00010-8

1008 Negotiated Per Task Order OPTION Variable Frequency Drives

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

1009 Negotiated Per Task Order OPTION Installation & Construction

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

1010 Negotiated Per Task Order OPTION Testing and Commissioning

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

00010-9

2003 Negotiated Per Task Order OPTION Mobilization/ Demobilization

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and installation of one pump installation of one pump.

2004 Negotiated Per Task Order OPTION Existing Pump Removal

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

2005 Negotiated Per Task Order OPTION Motors

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

00010-10

2006 Negotiated Per Task Order OPTION Gear Boxes

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

2007 Negotiated Per Task Order OPTION Other Pump Components

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

2008 Negotiated Per Task Order OPTION Variable Frequency Drives

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

00010-11

2009 Negotiated Per Task Order OPTION Installation & Construction

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

2010 Negotiated Per Task Order OPTION Testing and Commissioning

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

3003 Negotiated Per Task Order OPTION Mobilization/ Demobilization

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

00010-12

3004 Negotiated Per Task Order OPTION Existing Pump Removal

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

3005 Negotiated Per Task Order OPTION Motors

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

3006 Negotiated Per Task Order OPTION Gear Boxes

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

00010-13

3007 Negotiated Per Task Order OPTION Other Pump Components

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

3008 Negotiated Per Task Order OPTION Variable Frequency Drives

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

3009 Negotiated Per Task Order OPTION Installation & Construction

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

00010-14

3010 Negotiated Per Task Order OPTION Testing and Commissioning

FFP

Period of Performance will be date of award of this option plus one year. Assume all task orders are ARRA funded and will be identified in the task order as 7000.

Minimum guarantee for this option period is the removal, construction and

00010-15

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS TO BIDDERS

I. SOURCE SELECTION INFORMATION

**The winning Offeror’s proposal will become part of the contract upon award.

1. Basis of Award. This contract will be awarded using a best value source selection process. The Government will use the Lowest Price Technically Acceptable (LPTA) process to determine award considering price and other factors described below. Price will be based on the attached bid schedule for the first task order that will be awarded with this contract. Pricing will only be included on the task orders, not the base contract.

Due to the nature of the scope, a two step design build solicitation will be issued. A competitive range of up to three of the most qualified offerors will be selected during the first phase of the solicitation. The second phase of the solicitation will only include the three most qualified offerors and of the three, one will be selected for award. The successful contractor will be awarded a firm fixed priced contract.

2. In order for your proposal to be considered, it MUST be prepared in ENGLISH, and delivered to:

BY HAND OR COURIER TO:

US Army Corps of Engineers Portland District Robert Duncan Plaza 333 SW 1st Avenue Portland OR 87208 Attention Trevor Laughter CENWP-CT-C

OR SURFACE MAIL ADDRESS:

US Army Corps of Engineers Portland District PO Box 2946 Portland OR 97208-2946 Attention Trevor Laughter CENWP-CT-C

Your proposal must be received no later than date and time stated in block 13, SF 1442. Each submission should include the solicitation number and title of the project:

EXAMPLE: W9127N-10-R-0026 John Day North Fish Ladder Auxiliary Pumps

3. Site Visit. There will be a site visit held on Tuesday, 6 April 2010. It is recommended that potential contractors attend this site visit, while not mandatory it is strongly encouraged.

4. Negotiations. The Government intends to award without conducting negotiations, but reserves the right to do so at any time prior to award.

5. Non-Price Factors: The following non-price factors will be evaluated as either acceptable or non acceptable:

a. Past Experience

b. Past Performance

c. Schedule

d. Narrative Plan

00100-1

6. Price Factors: Proposed prices will be evaluated based on the total of the Mandatory Items and the Optional Items. Prices will be reviewed for fairness, reasonableness and realism. Unreasonably low, high, or unbalanced prices may be rejected.

II. PROPOSAL PREPARATION

1. General Proposal Preparation Guidance. Technical (non-price) and Price proposals shall be submitted as hereinafter described:

a. Binding: All proposals should be submitted bound or in 3-ring binders, or equivalent.

b. Page Layout and Text. Proposals should be submitted on 8 ½ x 11 inch white bond paper. Body text should be at least 10 point. Left and right margins should be at least 1 inch. All pages shall be consecutively numbered.

c. Incomplete proposals: Offerors who fail to submit a complete proposal may be excluded from the competitive range and thus receive no further consideration for award or be determined to be non compliant.

d. Due Diligence. Offerors are expected to examine and conform to all solicitation requirements, including instructions and specifications. Proposals that do not meet the requirements set forth in this solicitation may receive lower ratings or may be rejected.

e. Concise Proposals. Offerors shall present information clearly and concisely. Where appropriate, bulleted lists, tables, and graphic figures are much preferred to extensive and wordy narrative text.

Documentation that is difficult to read and understand or is poorly organized may be rejected and may lead to disqualification of the proposal. Language in the proposal that is of a nature other than of a solid commitment by the contractor, such as use of the phrases “We will consider…” or “We might…” or “We are investigating the possibility of…” may be considered non-responsive.

2. Phase I Submittal Guidance.

Offerors shall provide the following in one original and three copies:

a. Standard Form 1442 completed and signed by an authorized representative of the offeror.

b. Representations, Certifications and Other Statements of Offerors

c. Past Experience

Provide 5 examples of pumps that the Contractor has designed and built within the last five years that are axial-flow or mixed-flow style, line-shaft style (without immersed motor), impeller diameter larger than 18 inches, and flow rates between 10,000GPM (22CFS) and 448,000gpm (1000CFS). Include the pump performance data (curves, BEP, motor HP, speed reducer ratio, weight, description of controls). For one of the 5 examples, provide examples for all of the following: CADD or FEA drawings showing isometric view plus at least one orthogonal view, thrust and flow calculations, and physical test results to demonstrate the ability of your company to design the impeller.

00100-2

d. Past Performance

Provide contact information to include phone number and email for references for five pump procurement agents with whom you have entered into a contract to provide large pumps as described in the Past Experience paragraph above. Past performance shall be submitted for the projects listed in the past experience section of the proposal. References will be contacted and asked for an evaluation of the Contractor's past performance. All references for all bidders will be asked an identical set of questions.

3. Phase II Submittal Guidance.

a. Offerors shall provide the following:

Volume A: Technical Proposal – One signed original and three copies. Also provide one electronic copy in PDF format of the Technical Proposal with appendices on a compact disk(s).

[The electronic copy may also include Proposal Forms that are not part of the Price Proposal.] a.

Schedule

1. Schedule: Provide a schedule that shows in detail the milestones and durations of the design tasks associated with the (A) engineering and design, (B) model testing, (C) manufacture, and (D) installation of the pumps. Schedules will be evaluated on completeness and reasonableness of the durations. Project Schedule may be submitted on 11” x 17”

2. Narrative Plan: Provide a narrative-style written plan that explains the overall approach to how the work will be organized and executed. In particular, include information about how you will approach the tasks associated with engineering and design, the tasks associated with model testing, and the tasks associated with on-site construction activities. The narrative plan shall be no more than 2000 words and shall not have attachments.

Volume B: Price Proposal – One signed original and one copy. Technical (non-price) and Price Proposals shall be submitted in separate binders. Also provide one electronic copy in PDF format of the Price Proposal on a compact disk(s). The following should be included in the Price Proposal Submittal:

1. Standard Form 1442 completed and signed by an authorized representative of the offeror.

2. Price Schedule (Note: Offerors must include a price for every line item identified in the Price Schedule.)

3. Bid Guarantee

b. Each of the volumes (A & B) shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to price.

c. Page Limits. Page limits for the technical proposal is 50 pages excluding the 11” x 17” Project Schedule printout from a scheduling program. The Schedule narrative is included in the 50 page limitation. Any pages exceeding the 50 page limit will not be considered in the evaluation.

d. Tabs and other reference aids. Tables of Content, indexes, tabs, cross-reference matrices and other aides are encouraged if considered helpful and do not count towards page limits.

00100-3

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CLAUSES INCORPORATED BY REFERENCE

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-20 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data

OCT 1997

52.217-5 Evaluation Of Options JUL 1990 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.228-1 Bid Guarantee SEP 1996 52.232-13 Notice Of Progress Payments APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

52.000-4012 INQUIRIES

All inquiries regarding this solicitation are to be submitted via ProjNet-Bidsm. Telephone and email inquiries will not be accepted. ProjNet-Bidsm is a web-based program that allows bidders to post questions regarding the solicitation and to view all questions by other bidders and answers by USACE. ProjNet-Bidsm can be accessed through ProjNetsm at https://www.projnet.org/projnet/

To access the ProjNet-Bidsm website the first time:

1. Click the Bid tab

2. Click Bidder Inquiry. (The Agency is USACE.)

3. How to retrieve information:

(a) Enter the following information for access:

(1) The Bidder Inquiry Key XXXXXX – XXXXXX [TO BE DETERMINE]

(2) Valid business contact information (e.g. Company name, contact person, business address, phone number and email address). (Required on first project only)

(3) Establish secret question and answer which will be used as a password (required on first project only)

(b) For subsequent access use your email address, the Bid Inquiry Key and response to the secret question to access the ProjNet-Bidsm Module.

4. Submit questions or review questions and answers. (A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

5. For a specific step-by-step for POSTING YOUR INQUIRIES is available in the Reference link on the Contract Viewer.

6. For questions about the ProjNet-Bidsm, please contact the Call Center help desk toll free at 1-800-428- HELP, which operates from 8AM to 5PM (Central US time zone). ProjNet-Bidsm questions can also be emailed to the helpdesk at staff@rcesupport.com.

00100-4 ev iew https://www.projnet.org/projnet/ mailto:staff@rcesupport.com

NOTE: No response will be posted to inquiries after the Close of Business on the third business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses in ProjNet-Bidsm prior to bid submission. Nothing in the solicitation is changed unless an amendment is sent out.

52.000-4016 PROPOSAL SUBMISSION

The proposal is due by 4:00 PM on [TO BE DETERMINED] in the Contracting Division, 10th Floor, of the Robert Duncan Plaza Building, 333 S.W. First Avenue, Portland, Oregon.

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.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICED SINGLE AWARD TASK ORDER contract resulting from this solicitation.

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

6.9% 4.5%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor

00100-5

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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 the John Day Dam on the Columbia River, Klickitat County, WA.

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

USACE-Portland District ATTN: CECT-NWP-C (Mark Heiller)

P. O. Box 2946 Portland, Oregon 97208-2946

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

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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 are urged and expected to inspect the site where the work will be performed.

(b) The date and time of the site visit is Tuesday, 6 April 2009.

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):

Federal Acquisition Regulation (FAR): http://www.acquisition.gov/far/ Defense FAR (DFAR): http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html Engineering FAR (EFAR): http://www.usace.army.mil/CECT/Pages/EFARS.aspx Army FAR (AFARS): http://farsite.hill.af.mil/VFAFAR1.HTM

00100-7 ev iew http://www.acquisition.gov/far/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.usace.army.mil/CECT/Pages/EFARS.aspx http://farsite.hill.af.mil/VFAFAR1.HTM

Section 00600 - Representations & Certifications

52.201-4017 QUALIFICATIONS

Each bidder shall, upon request of the Contracting Officer, state whether he/she is now or ever has been engaged on any contract or other work similar to that proposed, giving the location and rating of the equipment and the year in which it was manufactured or installed. He shall also sub- mit such other information as will tend to show his ability to prosecute vigorously the work required by these specifications. Previous manufacturing experience and present manufacturing and testing facilities will be considered in determining whether the bidder is qualified to perform the work. A prospective Contractor must have the necessary capital and experience and own, control by firm option, or can procure the necessary plant to commence the work at the time pre- scribed in the specifications and thereafter to prosecute and complete the work within the time specified; and he must not be already obligated for the performance of other work which would delay the commencement or completion of the work contemplated under this Solicitation.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 333911.

(2) The small business size standard is 500 employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

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

(__) Paragraph (d) applies.

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

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Contracting Officer check as appropriate.)

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

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

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

------(A) Basic.

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

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

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

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

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

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

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

------ (A) Basic.

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

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

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA

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database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

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

(End of Provision)

52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

(a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award.

(b) By signing this offer, the offeror certifies that--

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to- Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons:

(Check each block that is applicable.)

( ) (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;

( ) (ii) The facility does not have 10 or more full-time employees as specified in section 313.(b)(1)(A) of EPCRA 42 U.S.C. 11023(b)(1)(A);

( ) (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

( ) (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors:

(A) Major group code 10 (except 1011, 1081, and 1094.

(B) Major group code 12 (except 1241).

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(C) Major group codes 20 through 39.

(D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).

(E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), 5169, 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or

( ) (v) The facility is not located within the United States or its outlying areas.

(End of clause)

52.300-4001 EVIDENCE OF AUTHORITY (MAY 1995) FAR 4.102

If the bid is submitted by a corporation or partnership, the applicable form listed below must be completed. In the alternative, other evidence must be submitted to substantiate the authority of the person signing the bid. IF A CORPORATION, THE SAME OFFICER SHALL NOT EXECUTE BOTH THE BID AND THE CERTIFICATE.

CORPORATE CERTIFICATE

I ________________________, certify that I am the ___________________________ of the Corporation named as Bidder/Contractor herein; that ____________________________ who signed this bid/contract on behalf of the Bidder/ Contractor was then ___________________________of said Corporation; that said bid/contract was duly signed for and on behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers.

SEAL ____________________________________(Corporate (Secretary)

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the Authority to actually bind the partnership pursuant to its . . . . . . . partnership agreement. Each of the partners individually has authority to enter into and execute contractual instruments on behalf of said partnership, with the United States of America, except as follows: (State NONE, or describe limitations, in any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

TYPE OR PRINT NAMES SIGNATURES

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252.204-7007 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (52.204-8) ALTERNATE A

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 333911.

(2) The small business size standard is 500 employees.

(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 tofurnish 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 inthis solicitation, paragraph (c) of this provision applies.

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

(__) Paragraph (c) applies.

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

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) Web site at https://orca.bpn.gov/.

After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically 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/DFARS clause No. Title Date Change

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

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

(a) Definitions. As used in this provision--

(1) Foreign person means any person (including any individual, partnership, corporation, or other form of association) other than a United States person.

(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.

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(3) United States person is defined in 50 U.S.C. App. 2415(2) and means--

(i) Any United States resident or national (other than an individual resident outside the United States who is employed by other than a United States person);

(ii) Any domestic concern (including any permanent domestic establishment of any foreign concern); and

(iii) Any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern.

(b) Certification. If the offeror is a foreign person, the offeror certifies, by…