WaConDa_Specs.pdf

SPECIFICATIONS

(For Construction Contract)

Solicitation No. W9128F-13-B-0002_

Levee Rehab

Lake WaConDa Cass County, NE

December 2012

US Army Corps of Engineers Omaha District

This page was intentionally left blank for duplex printing.

LEVEE REHAB

LAKE WACONDA

CASS COUNTY, NE

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 00 SOLICITATION, OFFER AND AWARD, Form 1442

00 11 00-3 BID SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS AND 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

SCOPE OF WORK

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 00.00 10 QUALITY CONTROL

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

01 78 39.00 24 AS-BUILT DRAWINGS

DIVISION 31 - EARTHWORK

31 05 22 GEOTEXTILES USED AS FILTERS

DIVISION 32 - EXTERIOR IMPROVEMENTS

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-13-B-0002

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

18 Dec 2012

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

David Neal

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

(402) 995-2816

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:

Levee Rehab, Lake WaConDa, Cass 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 __90__ 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 17 January 2013 . 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 60 calendar days after the date offers are due.

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

Bid Schedule

Repairs Area 4 and Area 7

Estimated Item Quantity Unit Unit Price Amount

001. Topsoil 5000 CY $________ $ ______

002. Clearing and Grubbing 6 Acre $________ $ ______

003. Seeding and Mulching 6 Acre $________ $ ______

004. All Remaining work for Job LS $________ $ ______ Area 4 and Area 7

Repairs Area 8

005. Random Fill 10000 CY $________ $ ______

006. Riprap 1600 Ton $________ $ ______

007. Geotextile 4333 SY $________ $ ______

008. All Remaining work for Job LS $________ $ ______ Area 8

TOTAL AMOUNT (Items 001 thru 008) $____________

NOTES:

1. 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. Additions will be subject to verification by the Government. In case of variation between the lump-sum prices and the total amount, the lump-sum prices will be considered the bid.

2. A modification to a bid which provides for a single adjustment to the total amount bid, should state the application of the adjustment to each respective lump-sum price affected.

3. 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”.

Section 00 21 00 Page 1

IFB/SB

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS & NOTICES TO BIDDERS

(6/07; Rev 04/12)

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 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS .

21 AVAILABILITY OF SUPPLIERS.

22 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE.

23 NOTICE REGARDING BUY AMERICAN ACT.

24 FEDERAL, STATE AND LOCAL TAXES.

25 NEBRASKA SALES AND USE TAX.

26 BIDDER'S QUESTIONS AND COMMENTS.

26.1 PLAN HOLDER'S LIST.

26.2 AVAILABILITY OF BID RESULTS (Local Clause/Provision)

27 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.

Section 00 21 00 Page 4

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 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

Section 00 21 00 Page 6 advance payment.

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) A tentative site visit date has been scheduled for 27 December, 2012 at 9:00 am. Contractors interested in inspecting the site of the proposed work should notify Tim Davey, U.S. Army Corps of Engineers, Telephone: 402-293-2548 or email at Timothy.J.Davey@usace.army.mil.

Contractor’s are to meet at the maintenance building located to the right of the main entrance of Lake WaConDa.

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 price, the unit price will govern;

Section 00 21 00 Page 7

(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 David Neal, Contract Specialist at (402) 995-2816 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 repairs at three areas damaged as a result of the 2011 Missouri River Flood. Work shall be in accordance with plans and specifications issued with this solicitation.

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

Section 00 21 00 Page 9 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) 995-2816. 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 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS .

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the Army’s Single Face to Industry (AFSI) to the Federal Business Opportunities website at:

https://www.fbo.gov/ (Search under solicitation number)

It shall be the contractor’s responsibility to check the websites for any amendments. The offeror shall submit in the offer all requested information specified in this solicitation. A list of interested vendors (potential offerors and subcontractors) is available on the federal business opportunities web site (registration required) is available at: website above.

21 AVAILABILITY OF SUPPLIERS.

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

22 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

Section 00 21 00 Page 10

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://publications.usace.army.mil/publications/.

23 NOTICE REGARDING BUY AMERICAN ACT.

The Buy American Act (41 U.S.C. 83) 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 or allowed under Trade Agreements, if included in the solicitation. A bid or proposal offering nondomestic construction material will not be accepted unless specifically approved by the Government or allowed under Trade Agreements, if included in the solicitation. 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, unless allowed under Trade Agreements, if included in the solicitation. All bidders are cautioned that, prior Government conduct notwithstanding, the Contractor's selection of a domestic construction material (as defined in FAR 52.225-9 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 and Buy American Act requirements of the solicitation.

24 FEDERAL, STATE AND LOCAL TAXES.

It is the Contractor’s responsibility to investigate applicable federal, state and local taxes and any specific exemptions that may exist. This includes any applicable sales, use and excise taxes. See Contract Clause

52.229-3 FEDERAL, STATE AND LOCAL TAXES.

The following known taxes are applicable, but are subject to change.

25 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).

26 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 ten (10) 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

Section 00 21 00 Page 11 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).

Email Address

Phone Number

Items for Question . Points of Contact . Fax Number .

Contractual Matters: David Neal David.W.Neal@usace.army.mil

(402) 995-2816

(402) 995-2081

Small Business Matters: Hubert Carter Hubert.J.Carter@usace.army.mil

(402) 995-2910

Technical Contents of

Plans and Specifications: Andrew Winslow Andrew.L.Winslow@usace.army.mil

(402) 995-2767

Marylee Stobbe Marylee.F.Stobbe@usace.army.mil

(402) 995-2184

Plan Holders List: See Paragraph PLAN HOLDERS LIST

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

Bid Results /

Receipt of Bids: See Paragraph AVAILABILITY OF BID RESULTS, below

26.1 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 (https://www.fbo.gov/). For a solicitation, go to https://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.

26.2 AVAILABILITY OF BID RESULTS (Local Clause/Provision)

Bid results will be available after bid opening on the Government's web address: https://www.fbo.gov/. See paragraph Copies of Solicitation Documents and Amendment for direct link.

Section 00 21 00 Page 12

27 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. New registrations usually take 1-2 business days to process once completed by the vendor.

Registration Information:

Internet: https://www.bpn.gov/ccr/default.aspx

The following FOUR key items you need before beginning registration.

1. Data Universal Numbering System (DUNS) Number provided by Dun and

Bradstreet (D&B)

2. Tax Identification Number (TIN) and Taxpayer Name used in Federal tax matters

3. Statistical Information about your business

4. Electronic Funds Transfer (EFT) Information for payment of invoices

For CCR Assistance:

Internet: https://www.bpn.gov/ccr/help.aspx or

Contact the Federal Service Desk (8am - 8pm Eastern Time) at:

866-606-8220 334-206-7828

SECTION 00 45 00 Page 1

December 10, 2012 IFB

SECTION 00 45 00 (00600)

REPRESENTATIONS, CERTIFICATIONS & OTHER STATEMENTS OF OFFERORS

INDEX

1.0 REPRESENTATIONS, CERTIFICATIONS & OTHER STATEMENTS OF OFFERORS

1.1 FAR 52.203-2 Certificate Of Independent Price Determination (Apr 1985)

1.2 FAR 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007)

1.3 FAR 52.204-3 Taxpayer Identification (Oct 1998)

1.4 FAR 52.204-5 Women-Owned Business (Other Than Small Business) (May 1999)

1.5 FAR 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations—Representation (May 2011)

1.6 FAR 52.209-5 Certification Regarding Responsibility Matters (Apr 2010)

1.7 52.209-7 Information Regarding Responsibility Matters (Feb 2012)

1.8 FAR 52.214-14 Place Of Performance—Sealed Bidding (Apr 1985)

1.9 FAR 52.219-1Alt I Small Business Program Representations (Apr 2012) Alternate I (Apr 2011)

1.10 FAR 52.219-2 Equal Low Bids (Oct 1995)

1.11 FAR 52.222-18 Certification Regarding Knowledge Of Child Labor For Listed End Products (Feb 2001)

1.12 FAR 52.222-22 Previous Contracts And Compliance Reports (Feb 1999)

1.13 52.222-25 Affirmative Action Compliance (Apr 1984)

1.14 52.222-38 Compliance with Veterans’ Employment Reporting Requirements (Sep 2010)

1.15 52.223-1 Biobased Product Certification (May 2012)

1.16 FAR 52.223-4 Recovered Material Certification (May 2008)

1.17 FAR 52.225-25 Prohibition On Contracting With Entities Engaging In Sanctioned Activities Relating To Iran—Representation And Certification (Nov 2011)

1.18 DFARS 252.203-7005 Representation Relating To Compensation Of Former DOD Officials (Nov 2011)

1.19 DFARS 252.209-7001 Disclosure Of Ownership Or Control By The Government Of A Terrorist Country (Jan 2009)

1.20 DFARS 252.209-7002 Disclosure of Ownership or Control by a Foreign Government (Jun 2010)

1.21 252.209-7998 Representation Regarding Conviction Of A Felony Criminal Violation Under Any Federal Or State Law (Deviation 2012-O0007) (Mar 2012)

1.22 252.209-7999 Representation By Corporations Regarding An Unpaid Delinquent Tax Liability Or A Felony Conviction Under Any Federal Law (Deviation 2012-O0004) (Jan 2012)

1.23 DFARS 252.225-7031 Secondary Arab Boycott of Israel (Jun 2005)

1.24 DFARS 252.236-7008 Contract Prices--Bidding Schedules (Dec 1991)

1.25 DFARS 252.247-7022 Representation of Extent of Transportation by Sea (Aug 1992)

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. Online Representations and Certifications are available at:

https://www.sam.gov/portal/public/SAM/

SECTION 00 45 00 Page 2

SECTION 00 45 00 (00600)

X – RFPS

X – IFBS

X – UNRESTRICTED SATOC RFPS

X – OCONUS

X – CLIN SCHEDULES WITH UNIT PRICES

X – AREA TO EDIT

1.0 REPRESENTATIONS, CERTIFICATIONS & OTHER STATEMENTS OF OFFERORS

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).

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 52.203-2 Certificate Of Independent Price Determination (Apr 1985)

(a) The offeror certifies that—

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision __________________________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

SECTION 00 45 00 Page 3

1.2 FAR 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8).

The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352.Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

1.3 FAR 52.204-3 Taxpayer Identification (Oct 1998)

(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 FAR 52.204-5 Women-Owned Business (Other Than Small Business) (May 1999)

(a) Definition. “Women-owned business concern,” as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it [ ] is a women-owned business concern.

(End of provision)

1.5 FAR 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations—Representation (May 2011)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

(c) Representation. By submission of its offer, the offeror represents that—

(1) It is not an inverted domestic corporation; and

(2) It is not a subsidiary of an inverted domestic corporation.

SECTION 00 45 00 Page 5

1.6 FAR 52.209-5 Certification Regarding Responsibility Matters (Apr 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds…