2016_Sewage_Lagoon_Specs.pdf

SPECIFICATIONS

(For Construction Contract)

Solicitation No W9128F-16-B-0004_

Sewage Lagoon Rehab

Garrison Dam, ND

January 2016

US Army Corps of Engineers Omaha District

This page was intentionally left blank for duplex printing.

SEWAGE LAGOON REHAB

GARRISON DAM, ND

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00 SOLICITATION, OFFER AND AWARD

00 10 00-3 BIDDING SCHEDULE

00 21 00 INSTRUCTIONS TO OFFERORS (IFB)

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 GENERAL CONDITIONS (CONTRACT CLAUSES - IFB)

00 73 00 SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT REQUIREMENTS)

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 12 00 CONSTRUCTION GENERAL

01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 41 26.06 24 (NORTH DAKOTA) 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 02 - EXISTING CONDITIONS

02 56 13 WASTE CONTAINMENT GEOMEMBRANE

DIVISION 03 - CONCRETE

03 15 00.00 10 CONCRETE ACCESSORIES

03 20 00.00 10 CONCRETE REINFORCING

03 30 00 CAST-IN-PLACE CONCRETE

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

DIVISION 33 - UTILITIES

33 30 00 SANITARY SEWERS

33 34 00 FORCE MAINS ; SEWER

-- End of Project Table of Contents --

00 10 00 - 1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W9128F-16-B-0004

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

28 Jan 2016

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 Ave Omaha, Nebraska 68102-4901

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Attn: CONTRACTING DIVISION (CENWO-CT) 1616 Capitol Ave Omaha, Nebraska 68102-4901

9. FOR INFORMATION

CALL:

A. NAME

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

(402) 995-2854

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):

The offeror hereby agrees to do all work described in the documents entitled:

Sewage Lagoon Rehab, Garrison Dam, ND

RETURN WITH OFFER: INFORMATION REQUIRED BY SECTION 00 10 00 (SF1442), AND SECTION 00 45 00.

This solicitation is UNRESTRICTED and open to both LARGE AND SMALL BUSINESS PARTICIPATION.

This solicitation contains additional security requirements that were not in effect prior to 2014. Please reference Section 01 30 00.24, Paragraph 1.4.

11. The Contractor shall begin performance within 10 calendar days and complete it within 365 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 01 March 2016. 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(d)

00 10 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 1616 Capitol Ave.

Omaha, Nebraska 68102-4901

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 10 00 Page 3

BIDDING SCHEDULE

ITEM

NO.

DESCRIPTION ESIMATED

QUANTITY

UNIT UNIT

PRICE

ESTIMATED AMOUNT

BASIC ITEMS

Entire work complete, excluding Option item listed below.

Job

XXX

TOTAL BASIC AMOUNT $_____________________________

OPTION ITEM

[Option]

Additional cost for all purchasing an additional roll of HDPE liner (22.3 ft x 520 ft) as shown on sheet VF104 each

TOTAL AMOUNT (BASIC PLUS OPTION) $_________________________________

NOTES:

1. See 00 21 00, INSTRUCTIONS TO OFFERORS for evaluation of options. The Government reserves the right to exercise the options within 120 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 Job (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. 0001.

4. No additional time will be authorized by exercising the option, unless there are unforeseen circumstances that would require additional time.

Sewage Lagoon Rehab, Garrison Dam, ND GR73

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (IFB)

12/14

PART 1 GENERAL

1.1 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

1.2 (FAR 52.204-16) COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(NOV 2014)

1.3 (FAR 52.204-18) COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(NOV 2014)

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

ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND

STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014)

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

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

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

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

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

BIDS (NOV 1999).

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

1.11 (FAR 52.214-19) CONTRACT AWARD SEALED BIDDING CONSTRUCTION (AUG

1996).

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

1991)

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

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

1.15 (FAR 52.217-5) EVALUATION OF OPTIONS (JUL 1990).

1.16 (FAR 52.233 2) SERVICE OF PROTEST (SEPT 2006).

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

1.18 (Local Provision) ARITHMETIC DISCREPANCIES.

1.19 GENERAL BIDDING INFORMATION

1.19.1 MAILED BIDS AND HAND-CARRIED BIDS

1.19.2 SOLICITATION RESTRICTIONS

1.19.3 BASIS FOR AWARD

1.19.4 APPROPRIATION AND AUTHORITY

1.19.5 DESCRIPTION OF WORK

1.19.6 ESTIMATED CONSTRUCTION COST

1.20 INFORMATION FOR MODIFYING BIDS.

1.21 BID GUARANTEE.

1.22 PERFORMANCE AND PAYMENT BONDS.

1.23 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

1.24 OPTIONS

1.25 AVAILABILITY OF SUPPLIERS

1.26 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.27 NOTICE REGARDING BUY AMERICAN STATUTE

1.28 FEDERAL, STATE AND LOCAL TAXES

1.29 TAXES - NORTH DAKOTA

1.29.1 UNEMPLOYMENT TAX SURCHARGE

1.29.2 USE TAX

DOCUMENT 00 21 00 Page 1

1.30 BIDDER'S QUESTIONS AND COMMENTS.

1.31 AVAILABILITY OF BID RESULTS (Local Clause/Provision)

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

1.33 SUBCONTRACTING PLAN/SUBCONTRACTING GOALS REGARDING THE UTILIZATION

OF SMALL BUSINESS CONCERNS

1.34 FAR 52.252-5 -- Authorized Deviations in Provisions (Apr 1984)

1.35 FAR 52.228-1 BID GUARANTEE (SEP 1996)

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section Table of Contents --

DOCUMENT 00 21 00 Page 2

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (IFB)

12/14

PART 1 GENERAL

Attachments: Required Contractor Registration Instructions

1.1 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision-

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the System for Award Management database" means that-

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide TIN validation to the Government as a part of the SAM registration process;

and

(4) The Government has marked the record "Active".

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) 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 or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

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

DOCUMENT 00 21 00 Page 3

(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.

(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).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of provision)

1.2 (FAR 52.204-16) COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (NOV

2014)

(a) Definition. As used in this provision –

“Commercial and Government Entity (CAGE) code” means –

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity; or

(2) An identifier assigned by a member of the North Atlantic

Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE

DOCUMENT 00 21 00 Page 4 code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via–

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at http://www.dlis.dla.mil/cage_welcome.asp.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/Forms/Form_AC135.asp.

(d) Additional guidance for establishing and maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision)

1.3 (FAR 52.204-18) COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (NOV

2014)

(a) Definition. As used in this clause–

“Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

DOCUMENT 00 21 00 Page 5

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Contractor and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with Subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Contractor and Government Entity (CAGE) Branch. Requests for changes shall be provided on a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code, to the address shown on the back of the DD Form 2051. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau or NSPA to request CAGE changes. Points of contact for National Codification Bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/Forms/Form_AC135.asp.

(e) Additional guidance for maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(End of clause)

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

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (APR 2014)

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

(1) ASSIST (https://assist.dla.mil/online/start);

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

(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-

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

(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)

1.5 (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

DOCUMENT 00 21 00 Page 6 receive the acknowledgment by the time and at the place specified for receipt of bids.

1.6 (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.

1.7 (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.

1.8 (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.

1.9 (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

DOCUMENT 00 21 00 Page 7 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)

1.10 (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.

1.11 (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 or the bid.

(d) The Government may reject a bid as nonresponsive if the prices

DOCUMENT 00 21 00 Page 8 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.

1.12 (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)

1.13 (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)

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

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

1.15 (FAR 52.217-5) EVALUATION OF OPTIONS (JUL 1990).

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

1.16 (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.

1.17 (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 site visit has been scheduled for 10 February 2016 at 10:00 am.

(local time) Contractors interested in seeing the site need to make reservations with David Beck at 701 654 7754 or e-mail at David.Beck@USACE.army.mil.

DOCUMENT 00 21 00 Page 9

1.18 (Local Provision) 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;

(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.

1.19 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 10 00-1).

1.19.1 MAILED BIDS AND HAND-CARRIED BIDS

a. Mailed bids shall be addressed to the location as indicated on Standard Form SF 1442 (Page 00 10 00-1), Item No. 8.

b. Due to heightened security at Government installations, those bidders who hand carry* their bids shall contact Dean.P.Matuszewski, Contract Specialist at 402-995-2854 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 10 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 10 00-1, item 13.A, the designated bid opening official will announce that receipt of

DOCUMENT 00 21 00 Page 10 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.

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.

1.19.2 SOLICITATION RESTRICTIONS

This solicitation is UNRESTRICTED and open to both LARGE AND SMALL BUSINESS

PARTICIPATION.

1.19.3 BASIS FOR AWARD

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

This Contract will be awarded to the lowest priced, responsible offeror, calculated by adding the base bid items plus option bid items.

1.19.4 APPROPRIATION AND AUTHORITY

APPROPRIATION: 96 X 3123 Operation and Maintenance General

AUTHORITY: The work provided herein is authorized: by Section 4 of the Flood Control Act (FCA) approved 24 July 1946 (60th Stat. 642) and by Section 209 of the FCA approved 3 September 1954 and as further amended by Section 209 of the FCA approved 23 October 1962.

1.19.5 DESCRIPTION OF WORK

The scope of this project is to furnish all plant, labor, materials, and equipment and performing all work for removal and disposal of approximately 3000 cubic yards of sludge from two (2) ea. existing sewage lagoon cells (total 6000 CY's). The existing lagoons will then be reshaped and lined with a compacted subgrade material. Approximately 750 LF of 4" force main pipe, 300 LF of discharge pipe, and other miscellaneous piping and valves will be replaced. Contract calls for the installation of 220,300 SF of

DOCUMENT 00 21 00 Page 11 government furnished HDPE liner on the surface of the reshaped settling ponds. Work shall be in accordance with plans and specifications issued with this solicitation.

1.19.6 ESTIMATED CONSTRUCTION COST

The estimated construction cost of this project is between $500,000 and $750,000.

1.20 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 10 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) 995-2854. This number should also be used to verify the receipt of messages.

1.21 BID GUARANTEE.

See General Conditions (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.

1.22 PERFORMANCE AND PAYMENT BONDS.

See General Conditions (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.

1.23 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

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.

DOCUMENT 00 21 00 Page 12

1.24 OPTIONS

The Government may reject an offer as nonresponsive if it is materially unbalanced as to prices for the basic requirement and the option quantities. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

1.25 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.

1.26 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 Special Contract Requirement, EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE, contained in Section: 00 73 00, SUPPLEMENTARY CONDITIONS (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.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx.

1.27 NOTICE REGARDING BUY AMERICAN STATUTE

The Buy American statute (41 U.S.C. 83 chapter 83, Buy American) generally requires that only domestic construction material be used in the performance of this contract. Exception from the Buy American statute shall be permitted only in the case of non-availability 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 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 statute. 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 statute requirements of the solicitation.

1.28 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

DOCUMENT 00 21 00 Page 13 includes any applicable Value-Added Taxes (VAT), sales, use, and excise taxes. See General Conditions (Contract Clause) 52.229-3 FEDERAL, STATE

AND LOCAL TAXES.

1.29 TAXES - NORTH DAKOTA

1.29.1 UNEMPLOYMENT TAX SURCHARGE

The State of North Dakota has enacted legislation applicable to certain some contractors concerning an unemployment tax surcharge. See the North Dakota Century Code, Section 52-04-06.1, Incremental Bond for Impact Projects. The law provides for an unemployment tax surcharge in addition to regular unemployment tax liability. Bidders should investigate the effect, if any, that this law may have upon their bid prices. Inquiries should be directed to Job Service of North Dakota, Post Office Box 1537, Bismarck, North Dakota 58502. Telephone: (701) 224-3470 (Department of Revenue).

1.29.2 USE TAX

Bidders are advised of the possible applicability of North Dakota Use Tax.

Government furnished Construction material used by the Contractor may be subject to Use Tax. The value of material furnished is set forth in the SECTION 01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS provision "Government-Furnished Property." Specific inquiries as to the applicability of North Dakota Use Tax should be referred to the North Dakota State Tax Commission.

1.30 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 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 Telephone Number Items for Question Points of Contact Fax Number

Contractual Matters: Dean Matuszewski Dean.P.Matuszewski@usace.army.mil

(402) 995-2854

(402) 995-2081

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.

DOCUMENT 00 21 00 Page 14

1.31 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.

1.32 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 telephone number of Financial Institution

- Name, telephone number, and email address for the points of contact, primary and alternate, to be contacted for information

2. Bonding Information

- Name, address, and telephone number of Surety Company.

- Name, telephone number, and email address for the points of contact, primary and alternate, to be contacted for information

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, brief project description, and dollar value Name, telephone number, and email addresses of individuals

(primary and alternate) that can verify performance of the project.

1.33 SUBCONTRACTING PLAN/SUBCONTRACTING GOALS REGARDING THE UTILIZATION OF

SMALL BUSINESS CONCERNS

a. Application. This clause applies only to large business concerns submitting bids for services exceeding $650,000 or for construction exceeding $1,500,000.

b. Federal Acquisition Regulations (FAR). Attention is directed to the following FAR and DFAR provisions contained in this solicitation:

52.219-8, Utilization of Small Business Concerns (Alternate I)

52.219-9, Small Business Subcontracting Plan (Alternate I)

52.219-16, Liquidated Damages - Small Business Subcontracting Plan

252.226-7001, Utilization Of Indian Organizations, Indian-Owned Economic Enterprises, And Native Hawaiian Small Business Concerns

c. Goals. The government considers the following goals reasonable and achievable during the performance of the contract resulting from this solicitation. At the Government's discretion, final goals may be negotiated prior to contract award. The Subcontracting Plan will then become a material part of the contract.

Subcontracting Goals:

i. 40.0% of planned subcontracting dollars can be placed with all small

DOCUMENT 00 21 00 Page 15 business concerns.

ii. 3.0% of planned subcontracting dollars can be placed with those small business concerns owned and controlled by socially and economically disadvantaged individuals or Historically Black Colleges and Universities or Minority Institutions. NOTE: ii. is a subset of i.

iii. 7.0% of planned subcontracting dollars for small women-owned businesses. NOTE: iii. is a subset of i. Also, the women-owned business may meet the definition of a small disadvantaged business. If so, iii.

will also be a subset of ii. (Count firm in all applicable areas.)

iv. 1.0% of planned subcontracting dollars may be placed with HUBZone small business concerns. NOTE: iv. is a subset of i. Note: A HUBZone firm may also SDB, women-owned and/or veteran-owned. (Count firm in all applicable areas).

v. 2.0% of planned subcontracting dollars for veteran-owned small business. NOTE: v. is a subset of i. Go to http://www.sba.gov/aboutsba/sbaprograms/ovbd/index.html for questions concerning the Veterans Business Development program.

vi. 3.0% of planned subcontracting dollars may be placed with service-disabled veteran-owned small business. NOTE: vi. is a subset of

i. and v.

d. Submission and Review of Subcontracting Plan.

SUBMISSION OF SMALL BUSINESS SUBCONTRACTING PLAN IS NOT APPLICABLE TO SMALL

BUSINESSES.

(1) Upon notification by the Contracting Officer, the apparent low bidder must submit a subcontracting plan within one (1) calendar day after notification (a longer period maybe granted by the Contracting Officer).

(2) Goals included in the subcontracting plan should be at least equal to those indicated above. If lesser goals are proposed, the bidder may be required to substantiate how the proposed plan represents the bidder's best effort to comply with the terms and conditions of the solicitation. Bidders are highly encouraged to become familiar with the intent of the solicitation provisions and the elements of the subcontracting plan.

(3) The subcontracting plan must contain, as a minimum, the elements set forth in FAR provision 52.219-9. An example subcontracting plan will be furnished to the apparent low bidder (upon request). The example subcontracting plan (if requested) should not be construed as an acceptable subcontracting plan. Any format will be acceptable provided that the plan addresses each element as required by the Federal Acquisition Regulations and its supplements.

(4) Proposed plans will be reviewed by the Government to ensure the plan represents the firm's best efforts to maximize subcontracting opportunities for small, small disadvantaged and women-owned businesses.

(5) Subcontracting plans are required to be approved prior to Contract Award. The approved subcontracting plan (to include goals) will become a material part of the contract.

DOCUMENT 00 21 00 Page 16

e. Failing to Submit an Acceptable Subcontracting Plan. An apparent low bidder failing to submit a subcontracting plan which demonstrates a reasonable effort to meet the goals listed above or provide an explanation why lesser goals are proposed (upon request), will be considered as non-responsive and not considered eligible for award of the contract.

f. Questions or Assistance Needed in Developing Subcontracting Plan.

For any questions or assistance needed in developing the subcontracting plan, contact the Contract Specialist or District's Deputy for Small Business (See paragraph: BIDDER QUESTIONS AND COMMENTS. Please contact the Contract Specialist listed or the District's Deputy for Small Business or fax your inquiries to 402-995-2013).

1.34 FAR 52.252-5 -- Authorized…