W9128F-10-Q-M004.pdf

MISSOURI RIVER PROJECT OFFICE

USAED, OMAHA CENWO-OD-MR

9901 PERSHING DRIVE

OMAHA NE 68112-1547

TEL: FAX:

W59XQG01179020

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W9128F-10-Q-M004 13-May-2010 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. % NO TE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and

ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

27-May-2010(Date) PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

402-996-3751DEAN P MATUSZEWSKI

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W9128F-10-Q-M004

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

CHIP AND SEAL AND ASPHALT REPAIR

FFP

AT MISSOURI RIVER PROJECT OFFICE

9901 J. PERSHING DRIVE

OMAHA, NE 68112

SEE ATTACHED SPECIFICATIONS

FOB: Destination

MILSTRIP: W59XQG01179020

PURCHASE REQUEST NUMBER: W59XQG01179020

NET AMT

Section C - Descriptions and Specifications

SPECIFICATIONS

CHIP & SEAL — ASPHALT REPAIR

CORPS OF ENGINEERS

9901 PERSHING DR.

OMAHA, NE 68112

PLANS AND SPECIFICATIONS

SCOPE OF WORK:

1. Chip & seal approximately 18,900 square yards of asphalt (parking lots) at the project office.

(north and south areas) Contractor shall supply all labor, material and equipment for the completion of this job. Contractor will be required after six weeks, to come and remove any excess gravel by means of street sweeper.

2. Repair asphalt –cutout & replace approx. (101 square yds.) .

overlay approx. (15 square yds)

GENERAL NOTES: Bituminous surface treatment shall, unless otherwise specified herein after, conform to the applicable State specification, as follows:

1. In the State of Nebraska, section 505 of the “State of Nebraska Standard”. Specification for Highway Construction Edition , issued by the Department of Roads, bureau of Highways and the 1993 Supplement Specifications.

LOCATION: The location of this project is at 9901 Pershing Dr., Omaha, Ne. Maps outlining the work areas will be furnished upon request.

DESCRIPTON AND QUANTITY: Approximately 18,900 square yards to be bituminous surface treated and approx. 116 square yards of asphalt work.

CLEAN UP: The work area will be free of any debris when job is completed.

POINT OF CONTACT: For any questions please call Drew Classen (402) 996-3748 or Robert Willcuts (402) 996-3757

ADDITIONAL INFORMATION

PERFORMANCE PERIOD – ALL WORK UNDER ANY CONTRACT AWARD RESULTING FROM

THIS SOLICITATION MUST BE COMPLETED BY 30 SEPTEMBER 2010.

RECOVERY: THIS NOTICE IS PROVIDED FOR INFORMATION ONLY. THIS OPPORTUNITY IS

AVAILABLE ONLY TO CONTRACTORS UNDER THE SMALL BUSINESS SIZE STANDARD FOR

NAICS CODE 237310. PLEASE ENSURE THIS NAICS CODE IS INCORPORATED IN YOUR

CURRENT CCR PROFILE AT: www.ccr.gov. FAILURE TO HAVE THIS NAICS CODE CURRENT IN

CCR MAY RESULT IN YOUR COMPANY NOT BEING CONSIDERED FOR THIS AWARD.

POINT OF CONTACT: CONTRACTUAL – DEAN P. MATUSZEWSKI 402-996-3751

TECHNICAL – ALAN SCHMIDT 402-996-3755

QUOTATION MAY BE FAXED TO DEAN MATUSZEWSKI AT FAX # (402) 996-3765 OR

E-MAILED TO dean.p.matuszewski@usace.army.mil TO ARRIVE BEFORE CLOSE OF BUSINESS ON

THE DATE REFLECTED ON PAGE 1 OF THIS SOLICITATION.

PLEASE MAIL HARD COPY OF YOUR QUOTATION TO U.S. ARMY CORPS OF ENGINEERS, 9901

PERSHING DR, OMAHA, NE 68112, ATTN: DEAN P. MATUSZEWSKI, AFTER SENDING YOUR FAX OR

E-MAIL.

DUN AND BRADSTREET NUMBERS (DUNS NUMBER)

THOSE WHO DO BUSINESS WITH THE GOVERNMENT AND DO NOT HAVE A DUNS NUMBER NEED

TO OBTAIN ONE FOR GOVERNMENT REPORTING PURPOSES. TO OBTAIN A DUNS NUMBER YOU

MAY ACCESS DUN & BRADSTREET’S WEBSITE AT: http://www.dnb.com/aboutdb/dunsform.htm OR YOU

MAY CALL DUN & BRADSTREET AT 1-800-333-0505.

CENTRAL CONTRACTOR REGISTRATION

BEFORE THE GOVERNMENT CAN MAKE AN AWARD TO A CONTRACTOR, THAT CONTRACTOR

MUST BE REGISTERED IN THE CENTRAL CONTRACTOR REGISTRATION (CCR) DATABASE AND

ALSO HAVE A COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE. IF THE CONTRACTOR IS

NOT REGISTERED AT THE TIME HE PREPARES A QUOTE, HE SHOULD BEGIN THE REGISTRATION

PROCESS SO THAT HE IS REGISTERED, IN THE EVENT THAT THE QUOTE IS SUCCESSFUL, AND WE

PLAN TO MAKE AWARD TO HIM.

CONTRACTOR DUNS NUMBER:

CAGE CODE

TAX ID NUMBER _________________________________________________

COMPANY NAME/ADDRESS

PHONE NUMBER ________________________________________________

POINT OF CONTACT ________________________________________________

FAX NUMBER ______________________________________________

http://www.ccr.gov/� mailto:dean.p.matuszewski@usace.army.mil� http://www.dnb.com/aboutdb/dunsform.htm�

IS YOUR COMPANY:

Small Business Concern Yes No Small Disadvantaged Business Yes No Small Veteran Owned Business Yes No Service-Disabled Veteran-Owned Small Business Yes No Woman-Owned Business Yes No Sole Proprietorship Yes No Partnership Yes No Corporation Yes No Registered with the Central Contractor Registry (CCR) Yes No

STATE AND LOCAL SALES TAXES (JAN 1982)

THE U.S. ARMY CORPS OF ENGINEERS IS EXEMPT FROM PAYING STATE AND LOCAL TAXES PER TITLE

4, UNITED STATES CODE 104-107.

PARTIAL PAYMENTS ARE AUTHORIZED ON PARTIAL DELIVERIES IN ACCORDANCE WITH THE

DOLLAR LIMITATIONS AS STATED IN PAYMENTS CLAUSE, FAR 52.232-5.

PAYMENTS TO BE MADE MONTHLY IN ARREARS WITHIN 30 DAYS AFTER RECEIPT OF A PROPER

INVOICE OR RECEIPT OF ACCEPTABLE SUPPLIES OR SERVICES, WHICHEVER IS LATER.

CONTRACTOR IS REQUIRED TO INCLUDE THE CONTRACT NUMBER ON ALL INVOICES SO THAT

RECEIPT AND PAYMENT FOR THE SERVICES MAY BE EXPEDITIOUSLY PROCESSED.

FEDERAL LEGAL HOLIDAYS:

The following Federal legal holidays are observed by this Installation:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

IF A WAGE DETERMINATION APPLIES, THE NUMBER OF HOLIDAYS SPECIFIED ON IT HAS PRIORITY

OVER THIS CLAUSE.

INSURANCE REQUIRED (Reference FAR 52.228-5):

In accordance with CONTRACT CLAUSES clause, “Insurance Work on a Government Installation”, the Contractor shall procure the following minimum insurance:

General Liability Insurance $500,000 per concurrence Automobile Liability Insurance Bodily Injury $200,000 per person & $500,000 per occurrence Property Damage $ 20,000 per occurrence (Coverage per FAR 28.307-2)

THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING THE STATE AND FOR COMPLIANCE WITH

ITS WORKMAN’S COMPENSATION LAWS.

SHIPMENTS TO BE MADE TO:

U.S. ARMY CORPS OF ENGINEERS

9901 PERSHING DR

OMAHA NE, 68112

INVOICES TO BE SUBMITTED TO:

U.S. ARMY CORPS OF ENGINEERS

MISSOURI RIVER PROJECT OFFICE

ATTN: DEAN P. MATUSZEWSKI

9901 PERSHING DR

OMAHA NE, 68112

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.207-1 Notice Of Standard Competion MAY 2006 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.219-28 Post-Award Small Business Program Rerepresentation APR 2009 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records FEB 1988 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.228-13 Alternative Payment Protections JUL 2000 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) -

ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 September 2010. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 7 June 2010. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (APR 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

(iii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iv) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (OCT 2008).

(v) 52.233-1, Disputes (JUN 2008).

(vi) 52.244-6, Subcontracts for Commercial Items (APR 2010).

(vii) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126).

(ii) 52.222-20, Walsh-Healey Public Contracts Act (DEC 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more).

(iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more).

(v) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793) (Applies to contracts over $30,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.).

(v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212) (Applies to contracts over $100,000).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.).

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities).

(viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or http://www.arnet.gov/far/current/html/52_222.html#wp1148042� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20�

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(ix) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.)

(x) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (May 1999). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.)

(xi) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (Oct 2003).

(Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.)

(xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241).

(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) (Applies to contracts over $30,000).

(ii) 52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies).

(iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

(Insert one or more Internet addresses)

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

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

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

(b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.

(4) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents, as part of its offer, that--

(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern," means a small business concern --

(1) That is at least 51 percent owned by one or more women; in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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 Attn: Lee McCormick (CECT-NWO-C); 1616 Capitol Avenue; Omaha, NE 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.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ http://farsite.hill.af.mil/� http://farsite.hill.af.mil/�

Section J - List of Documents, Exhibits and Other Attachments

WAGE DETERMINATION

General Decision Number: NE100001 05/07/2010 NE1

Superseded General Decision Number: NE20080001

State: Nebraska

Construction Types: Heavy and Highway

Counties: Douglas, Sarpy, Saunders and Washington Counties in

Nebraska.

HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects, and railroad construction; bascule, suspension & spandrel arch bridges;

bridges designed for commercial navigation; bridges involving marine construction; other major bridges) SAUNDERS COUNTY

(EAST OF HWY. #109 EXTENDED NORTH AND SOUTH TO THE COUNTY

LINE)

Modification Number Publication Date

0 03/12/2010

1 03/26/2010

2 05/07/2010

CARP0444-002 06/01/2009

Rates Fringes

CARPENTER........................$ 23.94 9.25

Piledriver.......................$ 23.81 8.23

ELEC0022-002 06/01/2009

DOUGLAS AND SARPY COUNTIES; SAUNDERS COUNTY (east of Hwy. #109 and north of U.S. Alternate Highway No. 30 (Route 92)); AND

WASHINGTON COUNTY:

ELECTRICIAN......................$ 30.75 1%+12.24

* ELEC0265-001 06/01/2009

SAUNDERS COUNTY (east of Hwy. #109 and south of U.S. Alternate

Hwy. No. 30 (Route 92)):

Electricians:

Zone 1......................$ 25.12 4.5%+8.65

Zone 2......................$ 25.42 4.5%+8.65

Zone 3......................$ 25.72 4.5%+8.65

Zone 4......................$ 26.12 4.5%+8.65

ZONE DEFINITIONS [Mileage from main Post Office in Lincoln]

Zone 1: 0 to 35 miles

Zone 2: 36 to 50 miles

Zone 3: 51 to 75 miles

Zone 4: 76 miles and over

FOOTNOTE:

Work on scaffolds, hanging scaffolds, boatswains chairs or ladders, etc., in any area where the worker is in a position to fall 40 ft. or more, or where objects above the worker can fall 40 ft. or more: to be paid one and one-half times the straight- time rate of pay.

ELEC1525-001 09/01/2009

LINE CONSTRUCTION:

Line technicians:

Cable Splicer; Lineman

Welder......................$ 34.25 13.83

Equipment Operator..........$ 28.59 12.33

Groundman...................$ 20.61 10.21

Lineman/Line Technician.....$ 31.86 13.20

Truck Driver................$ 22.88 10.81

* ELEC1525-002 09/01/2009

Traffiic signal, street light and underground work:

Cable Splicer; Lineman

Welder......................$ 30.79 13.83

Equipment Operator..........$ 25.70 12.33

Groundman...................$ 18.53 10.21

Lineman/Line Technician.....$ 28.64 13.20

Truck Driver................$ 20.56 10.81

ENGI0571-003 06/01/2009

Power Equipment Operator

Group 1.....................$ 15.91 7.45

Group 2.....................$ 19.90 7.45

Group 3.....................$ 21.58 7.45

Group 4.....................$ 22.37 7.45

Group 5.....................$ 25.56 7.45

Group 1: Oiler, Greaser, Air Compressors, Welding machines, Pumps, Rollers, Hydro Hammer, Concrete Pumps, Rubber Tired

Farm Tractors, Spread Oiler less than 2 years experience.

Group 2: Offroad heavy haulers, Rough Dozer, Rough Blade, Cure & Tyne Machine, Pug Mill, Ferguson type tractors

(Workbull with high tecco), Asphalt Roller, Forklift, Oil

Distributor, Boom Trucks under 5000lbs, Self-Propelled

Compactor, Scrapers and Tractor-Scraper Combination (With less than 2 years experience).

Group 3: One & Two Drum hoits, Tuggers, Trenchers, Concrete spreader & Finishing Machine, Loaders, Spread Oiler more than 2 years experience, Bantam Type Tamper, Rubber Tired

Tractor Backhoe, Finish Dozer, Scraper and Tractor-Scraper

Combination (with less than 3 years experience).

Group 4: Trimmers, Backhoes/Excavator, Machanic, Slipform

Pavers, Asphalt Plants-Concrete Plants, Laydown machines, Concrete PUmp Trucks, Finish Blade, Scraper and

Tractor-Scraper Combination (with more than 3 years experience).

Group 5: Cranes, Bridge Desk Finishers, Excavator used for hoisting to construct Bridges and Box Culverts.

FOOTNOTES:

Operation of an articulating, Pitman type boom truck with single axle truck and lift capacity of less than 5,000 lbs., used to put construction materials in place: 90% of the group 2 rate.

When two (2) scraper units or two push cat units capable of operating separately are hooked together in tandem for single operation, the operator shall receive twenty-five cents ($0.25) over the classification worked.

When air compressors are used for operating the hammer when pulling or driving pile and the compressor operator is required to operate the air valve for such hammer, such compressor operator shall receive the top wage rate.

Operators working in tunnels and caverns under compressed or free air shall receive forty cents ($0.40) above their classification.

Hazardous waste removal work requiring the wearing of personal protective equipment and/or suits, to be paid as follows:

Class A: $3.00 additional per hour

Class B: 2.00 additional per hour

Class C: 1.00 additional per hour

Class D: no premium pay.

IRON0021-003 06/01/2009

IRONWORKER.......................$ 26.50 9.97

* LABO1140-001 10/01/2009

DOUGLAS and SARPY COUNTIES; SAUNDERS COUNTY (east of Hwy. #109)

LABORER

Form setter, pre-cast manhole setter, inlet builder.....................$ 18.84 7.05

General Laborer.............$ 18.11 7.05

Mortar mixer, Concrete saw operator, Pipelayer and

Chain saw operator..........$ 18.40 7.05

* LABO1140-003 10/01/2009

WASHINGTON COUNTY

Laborers:

Form setter, pre-cast manhole setter, inlet builder.....................$ 18.84 7.05

PAIN0081-010 06/01/2009

PAINTER..........................$ 20.53 6.70

FOOTNOTES:

Work performed above 75 ft. on suspended staging: $.50 per hour additional.

Spray machine operator: $.50 per hour additional.

Nozzle operator for sandblasting and waterblasting

(waterblasting more than 10,000 PSI) (including all side arm grinder operators engaged in removing paint or preparing for painting): $.50 per hour additional.

SUNE1988-001 12/20/1988

CEMENT MASON/CONCRETE FINISHER...$ 13.62 3.00

SUNE1993-001 08/05/1993

Sprinkler Installer (lawn).......$ 7.25

TEAM0554-001 10/01/2009

Truck drivers:

Low Boy Driver..............$ 18.02 7.20

All Other Work..............$ 16.77 7.20

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION