SpecsR-613.pdf

SPECIFICATIONS

For Construction Contract

Solicitation No. W9128F-09-B-0006_

Missouri River Levee Project Levee Unit R-613 Repair Papillion Creek and Tributaries Sarpy County, NE

February 2009

US Army Corps of Engineers Omaha District

This page was intentionally left blank for duplex printing.

MISSOURI RIVER LEVEE PROJECT LEVEE UNIT R-613 REPAIR

PAPILLION CREEK AND TRIBUTARIES, SARPY COUNTY, NE

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 00 SOLICITATION OFFER AND AWARD FORM 1442

00 21 00 INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

00 45 00 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

00 72 00 CONTRACT CLAUSES

00 73 00 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 12 00 CONSTRUCTION GENERAL

01 22 00 MEASUREMENT AND PAYMENT

01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 41 26.02 24 (NEBRASKA) NPDES PERMIT REQUIREMENTS FOR STORM WATER

DISCHARGES FROM CONSTRUCTION SITES

01 45 01 USACE QUALITY CONTROL

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23.00 10 STORM WATER POLLUTION PREVENTION MEASURES

01 78 39.00 24 AS-BUILT DRAWINGS

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 21 RIP-RAP

31 11 00 CLEARING AND GRUBBING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 15 00 LEVEE SURFACING

32 92 19 SEEDING

-- End of Project Table of Contents --

00 11 00 - 1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W9128F-09-B-0006

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

09 Feb 2009

PAGES OF PAGES

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE CT 8. ADDRESS OFFER TO

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Contracting Division (CENWO-CT) 1616 Capitol Avenue Omaha, Nebraska 68102-4901

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Attn: CONTRACTING DIVISION (CENWO-CT)

9. FOR INFORMATION

CALL:

A. NAME

Tracey McKay

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

(402) 995-2060

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

CONSTRUCTION OF:

Missouri River Levee Project Levee Unit R-613 Repair, Papillion Creek and Tributaries, Sarpy County, NE.

This solicitation is RESTRICTED TO SMALL BUSINESS SET-ASIDE.

RETURN WITH PROPOSAL: INFORMATION REQUIRED BY SECTION 00 11 00 (SF1442), SECTION 00 45 00, AND CONTRACT CLAUSES.

11. The Contractor shall begin performance within _10_________ calendar days and complete it within __180__ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable.

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and ___0____ copies to perform the work required are due at the place specified in Item 8 by_2:00 pm____ (hour) local time 11 Mar 2009 . If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers 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 is, is not required.

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

D. Offers providing less than __60______ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101

STANDARD FORM 1442(REV. 4-85)

Prescribed by GSA FAR(48 CFR) 53.236-1(e)

00 11 00 - 2

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

DUNS Number:

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ** calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement

AMOUNTS

SEE ATTACHED BIDDING SCHEDULE

Contractor’s Fax No.____________ CAGE CODE ________________ Contractor’s E-Mail address_______________

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)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

U.S. Army Engineer District, Omaha

USAED Omaha c/o USACE Finance Center 5722 Integrity Drive Millington, TN 38054-5005

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (contractor is required to sign this document and return _______ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award,

(b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 BACK (REV. 4-85)

00 11 00 Page 3

BIDDING SCHEDULE

Item Estimated Unit No. Description Quantity Unit Price Amount 0001. Excavation as shown on the drawings and in the specifications 9,200 Cubic Yards $__________ $_____________

0002. Placement of Select Granular Fill as shown on the drawings and in the specifications 12,500 Tons $__________ $______________

0003. Placement of Rip-Rap as shown on the drawings and in the specifications 7,500 Tons $__________ $______________

0004. Levee Surfacing as directed by the COR and in the specifications 120 Tons $__________ $____________

0005. All Work complete for all remaining work as shown on the drawings and in the specifications LS $_________ $______________

1. See 00 21 00, INSTRUCTIONS, CONDITIONS, & NOTICES TO BIDDERS for evaluation of options. The Government reserves the right to exercise the options within 60 calendar days after issuance of Notice to Proceed.

2. Bid prices must be entered for all items of the schedule. Total amounts submitted without bid prices being entered on individual items will be rejected. In case of variation between the lump-sum prices and the total amount, the lump-sum prices will be considered the bid.

In case of variation between the unit prices and the extensions, the unit prices will be considered the bid.

3. A modification to a bid which provides for a single adjustment to the total amounts, should state the application of the adjustment to each respective lump-sum price and unit price affected. If the modification is not so apportioned, the single adjustment will be applied to Item No. 0005.

4. Quantities for unit priced items are estimated only and the respective unit price will prevail in the event of an overrun or underrun subject to Contract Requirements Clause “Variation in Estimated Quantities”

5. See Section 01 22 00 Measurement and Payment for more information on the bid items.

Section 00 21 00 Page 1

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS & NOTICES TO BIDDERS

(6/07; Rev 6/08)

INDEX

Attachments: Required Central Contractor Registration

1 (FAR 52.204-6) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

2 (FAR 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

3 (FAR 52.214-3) AMENDMENTS TO INVITATIONS FOR BIDS (DECEMBER 1989).

4 (FAR 52.214-4) FALSE STATEMENTS IN BIDS (APRIL 1984).

5 (FAR 52.214-5) SUBMISSION OF BIDS (MAR 1997).

6 (FAR 52.214-6) EXPLANATION TO PROSPECTIVE BIDDERS (APRIL 1984).

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

(NOV 1999).

8 (FAR 52.214-18) PREPARATION OF BIDS - CONSTRUCTION (APRIL 1984).

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

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

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

12 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984).

13 (FAR 52.233-2) SERVICE OF PROTEST (SEPT 2006).

14 (FAR 52.236-27) SITE VISIT (CONSTRUCTION) (FEB 1995).

15 (EFARS 52.214-5000) ARITHMETIC DISCREPANCIES.

16 GENERAL BIDDING INFORMATION

16.1 MAILED BIDS AND HAND-CARRIED BIDS

16.2 SOLICITATION RESTRICTIONS

16.3 BASIS FOR AWARD.

16.4 APPROPRIATION AND AUTHORITY

16.5 DESCRIPTION OF WORK

16.6 ESTIMATED CONSTRUCTION COST

17 INFORMATION FOR MODIFYING BIDS.

18 BID GUARANTEE.

19 PERFORMANCE AND PAYMENT BONDS.

20 NORTH AMERICAN CLASSIFICATION SYSTEM (NAICS).

21 SMALL BUSINESS SIZE STANDARD.

22 CHANGES PRIOR TO OPENING BIDS.

23 AVAILABLE PLANT.

24 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE.

25 NOTICE REGARDING BUY AMERICAN ACT.

26 NEBRASKA SALES AND USE TAX.

27 BIDDER'S QUESTIONS AND COMMENTS.

27.1 PLAN HOLDER'S LIST.

27.2 AVAILABILITY OF BID RESULTS (Local Clause/Provision)

28 PRE-AWARD SURVEY INFORMATION (Local Provision) (Sep 93)

Section 00 21 00 Page 2

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS & NOTICES TO BIDDERS

1 (FAR 52.204-6) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1- 866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and ZIP Code.

(iv) Company mailing address, city, state and ZIP Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

2 (FAR 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST ( http://assist.daps.dla.mil);

(2) Quick Search ( http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com ( http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the

Department of Defense Single Stock Point (DoDSSP) by—

Section 00 21 00 Page 3

(1) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon- Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile

(215) 697-1462. (End of provision)

3 (FAR 52.214-3) AMENDMENTS TO INVITATIONS FOR BIDS (DECEMBER 1989).

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

(b) Bidders shall acknowledge receipt of any amendment to this solicitation

(1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram or (4) by facsimile, if facsimile bids are authorized in the solicitation. The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

4 (FAR 52.214-4) FALSE STATEMENTS IN BIDS (APRIL 1984).

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

5 (FAR 52.214-5) SUBMISSION OF BIDS (MAR 1997).

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

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

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

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

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

6 (FAR 52.214-6) EXPLANATION TO PROSPECTIVE BIDDERS (APRIL 1984).

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon

Section 00 21 00 Page 4 enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

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

(NOV 1999).

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

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

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

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

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

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

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

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

(End of provision)

Section 00 21 00 Page 5

8 (FAR 52.214-18) PREPARATION OF BIDS - CONSTRUCTION (APRIL 1984).

(a) Bids must be--

(1) Submitted on the forms furnished by the Government or on copies of those forms, and

(2) Manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

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

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

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

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

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

(NOTE: FOR THE PURPOSES OF THIS SOLICITATION, THE WORD "ITEM" SHALL BE

CONSIDERED TO MEAN "SCHEDULE.")

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

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

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

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

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

Section 00 21 00 Page 6

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

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

(End of provision)

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

Offers submitted in response to this solicitation shall be in terms of U.S.

dollars. Offers received in other than U.S. dollars shall be rejected.

(End of provision)

12 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984).

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

13 (FAR 52.233-2) SERVICE OF PROTEST (SEPT 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 District Counsel, 1616 Capitol Avenue, Omaha, Nebraska 68102-4901.

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

14 (FAR 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) The original site visit for February 11th has been rescheduled for for Wednesday, February 18, 2009 at 10:00 am. The meeting location is at J.R.C.'s Express/Shell gas station (location: At the stoplight at the intersection of Hwy 73/75 and LaPlatte Rd, turn west and enter the parking lot. J.R.C.'s is on the west side of Hwy 73/75.) Reservations are required as should inclement weather occur, Contractors will be notified and the site visit will be rescheduled. Reservations (including phone number or e-mail address) need to be made with Ann Mittelsdorf, U.S. Army Corps of Engineers, at 402-293-2529 or ann.m.mittelsdorf@usace.army.mil.

15 (EFARS 52.214-5000) ARITHMETIC DISCREPANCIES.

(a) For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) In case of discrepancy between unit price and extended

Section 00 21 00 Page 7 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 purposes of bid evaluation, the Government will proceed on the assumption that the bidder intends his bid to be evaluated on the basis of the unit prices, extensions, and 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.

16 GENERAL BIDDING INFORMATION

(NOTE: FACSIMILE, ELECTRONIC COMMERCE OR TELEGRAPHIC BIDS ARE NOT

AUTHORIZED AND WILL NOT BE ACCEPTED. TELEGRAPHIC MODIFICATIONS OR WITHDRAWAL

OF BIDS ARE AUTHORIZED. FACSIMILE MODIFICATIONS OR WITHDRAWAL ARE NOT

AUTHORIZED.)

Bids shall be either mailed or hand-carried as indicated below. Bid will be PUBLICLY opened at the bid time indicated on Standard Form SF 1442 (Page 00 11 00-1).

16.1 MAILED BIDS AND HAND-CARRIED BIDS

a. Mailed bids shall be addressed to the location as indicated on Standard Form SF 1442 (Page 00 11 00-1), Item No. 8.

b. Due to heightened security at Government installations, those bidders who hand carry* their bids shall contact Tracey McKay, Contract Specialist at (402) 995-2060 at a minimum of 24 hours prior to delivering to the U.S. Army Corps of Engineer District, Omaha, 1616 Capitol Ave, Omaha, NE (south entrance). Hand-carried means the individual must be able to carry the package on their person.

If due to the size, packages or boxes will need to be wheeled in on a cart or dolly, you will be required to go to the dock area located on the northeast side of the facility. After inspection and screening, you will be allowed in the building after presenting valid photo identification.

c. On the date specified and for thirty (30) minutes prior to time specified on Standard Form SF 1442, Page 00 11 00-1, item 13.A, a Contracting representative will be in the lobby to receive bids. Bid containers (i.e.

envelopes, packages, boxes) will be screened for security purposes. At the time specified on Standard SF 1442 Page 00 11 00-1, item 13.A, the designated bid opening official will announce that receipt of bids is closed. Official time will be established by time/stamp clock designated by the contract specialist.

d. Anyone wishing to attend this public opening will be required to present photo identification to sign in and then will be escorted to the facility where bids will be opened. Once bids have been opened, read and recorded, attendees will then be escorted to exit the building.

Section 00 21 00 Page 8

e. RETURN ADDRESS REQUIREMENTS

Bidder(s) must ensure that ALL mail sent to the Omaha District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bid guarantees, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located at 1616 Capital Avenue Omaha, Nebraska 68102-4901 if it does not contain a return mailing address. THERE WILL BE NO

EXCEPTIONS.

*This instruction shall also apply to those bids delivered through a delivery or parcel service.

NOTE: No parking on the street in front of the facility entrances will be allowed. Passenger vehicles will need to locate parking meters or parking garages before delivering bids. Delivery trucks must go to the dock. The vehicle will be inspected and packages screened. After inspection and screening, the delivery person will be allowed into the building after presenting valid photo identification.

16.2 SOLICITATION RESTRICTIONS

SOLICITATION OF BIDS WILL BE RESTRICTED TO SMALL BUSINESS CONCERNS ONLY.

16.3 BASIS FOR AWARD.

IT IS INTENDED THAT AWARD WILL BE MADE TO ONE BIDDER FOR THE ENTIRE WORK.

16.4 APPROPRIATION AND AUTHORITY

APPROPRIATION: 96 X 3123 Operation and Maintenance General

AUTHORITY: The work provided herein is authorized: By Section 205 of the Flood

Control Act approved 30 June 1948, as amended by the Flood Control Act 23 October 1962.

16.5 DESCRIPTION OF WORK

The scope of this project is to furnish all plant, labor, materials, and equipment and performing all work for This work involves repairing of damaged bank along the Big Papillion Creek. The bank will be excavated back to a design slope into the levee. Rip-rap will be replaced at the toe of the repair section then suitable fill material will be placed and compacted at a stable slope. Geotextile will be placed beneath the fill material. All disturbed areas shall be seeded and fine graded. Suitable borrow material and other construction materials shall be obtained by the contractor from off-site sources. Acquiring all staging areas other than the footprint of the levee and riverside berm shall be a contractor responsibility. Work shall be in accordance with plans and specifications issued with this solicitation.

Section 00 21 00 Page 9

16.6 ESTIMATED CONSTRUCTION COST

The estimated construction cost of this project is between $250,000 and $500,000.

17 INFORMATION FOR MODIFYING BIDS.

Bids which have been delivered to the designated bid receiving office may be modified or withdrawn by mail, mailgram, or telegram received at any time before the exact time set for receipt of bids. Modifications or withdrawals sent by mail should be transmitted to the place of bid opening Standard Form SF1442 (Page 00 11 00-1), Item 8. Telephone modifications or withdrawals will not be accepted. All bid modifications or withdrawals must be signed by the bidder or its authorized representative. Any questions regarding these procedures should be directed to the Omaha District's Contracting Division at

(402) 995-2060. This number should also be used to verify the receipt of messages.

18 BID GUARANTEE.

See Contract Clauses FAR 52.228-1, BID GUARANTEE. The Bid Guarantee must include original signatures and be accompanied by a Power of Attorney appointing an attorney-in-fact with authority to bind the surety so that, at the time of bid opening, the bond is enforceable against the surety should the bidder fail to meet its obligation. The Power of Attorney must include a Certification as to the authority of the surety's agents that either has an original (wet) signature of an officer of the surety or has a mechanically applied or facsimile signature that is supported by a resolution of the surety authorizing their use and committing it to be bound by them.

19 PERFORMANCE AND PAYMENT BONDS.

See Contract Clauses clause FAR 52.228-15, PERFORMANCE AND PAYMENT BONDS.

To have the bond considered valid, both the bond and the Power of Attorney must be original. Facsimile copies will not be acceptable, and will render the bid invalid, therefore eliminating it from competition.

20 NORTH AMERICAN CLASSIFICATION SYSTEM (NAICS).

In accordance with NAICS Manual, the work in this solicitation is assigned classification code 237990.

21 SMALL BUSINESS SIZE STANDARD.

This solicitation is limited to small business concerns, but, for definition purposes, a concern is small if its average annual receipts for its preceding 3 fiscal years did not exceed $31.0 million. (based on FAR 19.102)

22 CHANGES PRIOR TO OPENING BIDS.

The right is reserved, as the interest of the Government may require, to revise the specifications and/or drawings prior to the date set for opening bids. Such revisions will be announced by an amendment or amendments to this

Section 00 21 00 Page 10

Invitation for Bids. It shall be the responsibility of the prospective bidder to obtain copies of amendments from the website link for this solicitation may be accessed from http://www.fbo.gov/. If the revisions and amendments are of a nature which requires material changes in quantities or prices to be bid, the date set for opening bids may be postponed as necessary, in the opinion of the Commander, to enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids.

23 AVAILABLE PLANT.

Each bidder shall, upon request of the Contracting Officer, furnish a list of the plant available to the bidder and proposed for use on the work.

24 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE.

Whenever a contract or modification of contract price is negotiated, the Contractor's cost proposals for equipment ownership and operating expenses shall be determined in accordance with the requirements of EFARS 52.231-5000, EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE, contained in Section: 00 73 00, SPECIAL CONTRACT REQUIREMENTS of the specifications. A copy of EP 1110-1-8 "Construction Equipment Ownership and Operating Expense Schedule" is available for review at the office listed in paragraph: SITE VISIT (CONSTRUCTION) herein or at the following internet address:

http://www.usace.army.mil/inet/usace-docs/eng-pamphlets/ep.htm.

25 NOTICE REGARDING BUY AMERICAN ACT.

The Buy American Act (41 U.S.C. 10a-10d) generally requires that only domestic construction material be used in the performance of this contract.

Exception from the Buy American Act shall be permitted only in the case of nonavailability of domestic construction materials. A bid or proposal offering nondomestic construction material will not be accepted unless specifically approved by the Government. When a bidder or offeror proposes to furnish nondomestic construction material, his bid or proposal must set forth an itemization of the quantity, unit price, and intended use of each item of such nondomestic construction material. When offering nondomestic construction material pursuant to this paragraph, bids or proposals may also offer, at stated prices, any available comparable domestic construction material, so as to avoid the possibility that failure of a nondomestic construction material to be acceptable under this paragraph will cause rejection of the entire bid. All bidders are cautioned that, prior Government conduct notwithstanding, the Contractor's selection of a domestic construction material (as defined in FAR 52.225-5 Buy American Act-Construction Materials) which would require the subsequent selection of a foreign construction material for compatibility is not a justification for waiver of the Buy American Act. It is the Contractor's responsibility to verify, prior to submitting the materials for approval, that each system can be built to meet the contract specifications without the use of foreign construction materials.

Note: In addition to the requirements of FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES the following known taxes are applicable.

Section 00 21 00 Page 11

26 NEBRASKA SALES AND USE TAX.

Materials installed under this contract are not exempt and the tax must be included in the amount bid. Telephone: (402) 595-2065 (Department of Revenue-Omaha).

27 BIDDER'S QUESTIONS AND COMMENTS.

Questions and/or comments relative to these bidding documents should be submitted via e-mail or mailed to the address identified in paragraph:

AVAILABILITY OF BID RESULTS below. Comments should reach this office no later than 20 calendar days prior to the date set for opening of bids, if feasible, in order that changes, if needed, may be added by amendment. E-mail addresses, FAX numbers, items for question and points of contact are listed below. Phone calls with questions should be made between 8:30 a.m.

and 3:30 p.m. (Central Standard Time) Monday through Friday.

Note: A courtesy copy of all questions shall be sent to the Contract Specialist (Contractual Matters Point of Contact), the Program Manager and Specifications Section (Technical Content Points of Contact).

Items for Question Points of Contact/ E-mail Addresses Phone numbers/ FAX Numbers

Contractual Matters: Tracey McKay Tracey.S.McKay@usace.army.mil 402-995-2060 (phone) 402-221-4199 (Fax) Bid Results (See Paragraph AVAILABILITY OF BID RESULTS, below)/ Receipt of Bids

Planholder's List See paragraph: PLAN HOLDER'S LIST, below.

Small Business Hubert Carter hubert.j.carter@usace.army.mil Matters 402-995-2910 (phone)

Technical Contents Jeremiah Szynskie Jeremiah.J.Szynskie@usace.army.mil Of Plans and 402-995-2446 (phone) Specification Or

Specifications Marylee.F.Stobbe@usace.army.mil Section Marylee Stobbe 402-995-2184(Phone)

Site Inspection See Paragraph: SITE VISIT (CONSTRUCTION), above

** - It shall be the Contractor's, Subcontractor's and Supplier's responsibility to check the Government's web address for amendments. A link

Section 00 21 00 Page 12 to the solicitation and amendments will be made available for this solicitation at FeDTeDS via http://www.fbo.gov/.

27.1 PLAN HOLDER'S LIST.

For Viewing a List of Interested Vendors (i.e. planholders List) and Receiving Notifications or e-mail of changes regarding a solicitation, Federal Business Opportunities has these features available (www.fbo.gov.)

For a solicitation, go to www.fbo.gov and register as a vendor or enter user name and password to login. If you wish for General Contractors, Subcontractors, Suppliers, Plan Rooms or Print Shops to have the ability to contact you, click on the “Add me to Interested Vendors” for the solicitation.

27.2 AVAILABILITY OF BID RESULTS (Local Clause/Provision)

Bid results will be available after bid opening on the Government's web address: http://www.fbo.gov/.

28 PRE-AWARD SURVEY INFORMATION (Local Provision) (Sep 93)

In accordance with Paragraph PERFORMANCE AND PAYMENT BONDS, request that the following information be submitted with your bid. This facilitates the award process.

1. Financial

- Name, address, and fax number of Financial Institution

- Name and phone number of finance individual (primary and alternate) to be contacted for information

2. Bonding Information

- Provide the name, address, regular phone number and fax number of your Surety Company.

3. Performance

- Provide three (3) references to be contacted on your company's performance The following information should be submitted:

Name and Fax number of Owner/User Project Name, Location, Contract Number, and dollar value Name and phone number of individuals (primary and alternate) that can verify performance of the project

REQUIRED CENTRAL CONTRACTOR REGISTRATION (CCR)

Register Now: Don’t wait until you submit an offer on a solicitation. You must be registered to receive the contract award. It can often take 30 days for CCR to process your registration information.

Register One of Three Ways:

Internet: http://www.ccr.gov

Value Added Network (VAN) for EDI users: Contact your VAN for information. If you need to find a VAN look at http://www.acq.osd.mil/ec/ecip/van_list.htm

FAX or Mail: Call (888)227-2423 or (616)961-4725 to receive a registration package. FAX or mail the completed information to the CCR Assistance Center. It can take up to 30 days to process a faxed or mailed package.

CCR Assistance Center 74 Washington Street North, Suite 7 Battle Creek, MI 49017-3084

FAX: (616)961-7243

SECTION 00 45 00 Page 1

March 2008

SECTION 00 45 00 (00600)

REPRESENTATIONS, CERTIFICATIONS & OTHER STATEMENTS OF OFFERORS

INDEX

1.0 REPRESENTATIONS, CERTIFICATIONS & OTHER STATEMENTS OF OFFERORS

1.1 (FAR 52.204-8) ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

1.2 DFARS 252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(JAN 2008)

1.3 TAXPAYER IDENTIFICATION (Local Provision).

1.4 CONTRACTOR'S CERTIFICATION (Reference FAR 4.102) (Local Provision)

IMPORTANT NOTE:

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION is included in Section 00 72 00 CONTRACT CLAUSES of this solicitation. Online Representations and Certifications Application (ORCA) per FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS is required to be completed.

Failure of completing applicable requirements contained herein and online representations and certifications and/or provisions may result in delay of contract award.

SECTION 00 45 00 Page 2

SECTION 00 45 00 (00600)

1.0 REPRESENTATIONS, CERTIFICATIONS & OTHER STATEMENTS OF OFFERORS

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION is included in Section 00 72 00 CONTRACT CLAUSES of this solicitation. The offeror will be required to complete Online Representations and Certifications Application (ORCA) per FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS.

Provide the following certifications and representations as a part of the proposal, check the appropriate boxes, fill in the appropriate information, and provide signatures on the attached pages, and submit with Standard Form 1442 (Section 00 11 00).

Online Representations and Certifications Application is available at: http://orca.bpn.gov.

Failure of completing applicable requirements contained herein and online representations and certifications and/or provisions may result in delay of contract award.

1.1 (FAR 52.204-8) ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

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

__________________ [insert NAICS code].

(2) The small business size standard is _____________ [insert size standard].

(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 (c) 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

(c) 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:

[ ] (i) Paragraph (c) applies.

[ ] (ii) 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) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically 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

SECTION 00 45 00 Page 3 representations and certifications posted on ORCA.

1.2 DFARS 252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(JAN 2008)

As prescribed in 204.1202, substitute the following paragraph (c) for paragraph (c) of the provision at FAR 52.204- 8:

(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.

1.3 TAXPAYER IDENTIFICATION (Local Provision).

(a) Definitions.

"Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C.

6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

SECTION 00 45 00 Page 4

(d) Taxpayer Identification Number (TIN).

[ ] TIN: _____________________.

[ ] TIN has been applied for.

[ ] TIN is not required because:

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

[ ] Sole proprietorship;

[ ] Partnership;

[ ] Corporate entity (not tax-exempt);

[ ] Corporate entity (tax-exempt);

[ ] Government entity (Federal, State, or local);

[ ] Foreign government;

[ ] International organization per 26 CFR 1.6049-4;

[ ] Other _________________________.

(f) Common parent.

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

[ ] Name and TIN of common parent:

Name _____________________________

TIN ______________________________

1.4 CONTRACTOR'S CERTIFICATION (Reference FAR 4.102) (Local Provision)

Offerors are cautioned to note the "Contractor's Certification" included in this solicitation and to furnish the information required by paragraph (b), Partnerships, and paragraph (c), Corporations, as appropriate.

(a) CONTRACT WITH INDIVIDUAL. If the resultant contract is with an individual, it shall be signed by the individual in his own name. A contract with an individual doing business as a firm shall be signed by that individual and will ordinarily take the following form.

______________________ (Signed)

SECTION 00 45 00 Page 5

An individual doing business as

(b) CONTRACTS WITH PARTNERSHIPS. If the resultant contract is with a partnership, it need be signed by only one partner PROVIDED the partner signing has the authority to legally bind the partnership. In addition, the following statement shall be completed:

_______________________________ is a partnership composed of (Firm Name)

(List All Partners)

(Indicate if any partner is limited in partnership authority

(c) CONTRACTS WITH CORPORATIONS. If the resultant contract is with a corporation, it shall be executed in the corporation name, followed by the word "by" after which the person who has been authorized to execute the contract on behalf of the corporation shall sign his/her name, with the designation of his/her official capacity. In addition, the following certification shall be completed:

I, ______________________________, certify that I am the ____________________ of the corporation named as Contractor herein, that _________________________ who signed this contract on behalf of the Contractor was then _______________ of said corporation, that said contract was duly for and on behalf of said corporation by authority of the governing body and is within the scope of its corporate powers.

In witness whereof, I have hereunto affixed my signature this ____ day of __________, 19___.

(Signature, Printed Name, Title)

(d) CONTRACT WITH JOINT VENTURES. If the resultant contract is with a joint venture, each participant shall sign and in the manner indicated above for each type of participant. In addition, to assure a single point of contact for resolution of contractual matters and payments, the following certification shall be signed by each participant in the joint venture.

The parties hereto expressly understand and agree as follows:

(1) ________________________________________________________ (Name) (Title) (Company) is the principal representative of the joint venture. As such, all communications regarding the administration of the contract and the performance of the work thereunder may be directed to him. In the absence of:

(Name) (Title) (Company as above)

(Name) (Title) (Company of Alternate) is the alternate principle of the joint venture.

(2) Directions, approvals, required notices, and all other communications from the Government to the joint venture, including transmittal of payments by the Government, shall be directed to:

SECTION 00 45 00 Page 6

(Name) (Title) (Company) principal representative of the joint venture.

(e) SIGNATURE OF AGENTS. If the resultant contract is signed by an agent, other than as stated above, the fact of the agency will be evidenced by a copy of the Power of Attorney.

SECTION 00 72 00, PAGE 1

January 2009

IFB

SECTION 00 72 00 (00700)

CONTRACT CLAUSES

TABLE OF CONTENTS

* - CLAUSE, WHICH MAY BE INCORPORATED BY REFERENCE

1. *FAR 52.202-1 DEFINITIONS (JULY 2004)

2. *FAR 52.203-3 GRATUITIES (APR 1984)

3. *FAR…