W912DS-08-B-0005.pdf

NEW YORK DISTRICT

Green Brook Flood Damage Reduction Project Segment R-2

Levee, Floodwall and Pump Station

Borough of Bound Brook New Jersey

Specifications

Unrestricted

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MAIN TABLE OF CONTENTS

SECTION TITLE

00010 SF 1442 & BIDDING SCHEDULE

00100 INSTRUCTIONS TO BIDDERS

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

00900 WAGE RATES

TECHNICAL PROVISIONS

01 12 00.00 18 DESIGN AND RECORD DRAWING REQUIREMENTS

01 31 10.00 18 PROJECT SCHEDULE: BAR CHART

01 33 00.00 18 SUBMITTAL PROCEDURES

01 35 29.00 18 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS

01 35 45.00 10 CHEMICAL DATA QUALITY CONTROL

01 45 02.00 18 QUALITY CONTROL SYSTEM (QCS)

01 45 04.00 18 CONTRACTOR QUALITY CONTROL

01 45 20.00 18 TESTING FOR MECHANICAL AND ELECTRICAL SYSTEMS

01 45 30.00 18 CONTRACTOR WARRANTY MANAGEMENT

01 50 20.00 18 STREAM DIVERSION AND DEWATERING

01 52 60.00 18 CONSTRUCTION INDOOR AIR QUALITY (IAQ) MANAGEMENT

01 57 20.00 10 ENVIRONMENTAL PROTECTION FOR CIVIL WORKS

01 57 23.00 10 STORM WATER POLLUTION PREVENTION MEASURES

(EROSION AND SEDIMENTATION CONTROL)

01 67 00.00 18 RECYCLED/RECOVERED MATERIALS

01 78 00.00 18 CLOSEOUT SUBMITTALS

01 78 23.00 18 OPERATION AND MAINTENANCE DATA

03 11 14.00 10 FORMWORK FOR CONCRETE

03 15 13.00 10 EXPANSION, CONTRACTION AND CONSTRUCTION JOINTS IN

CONCRETE FOR CIVIL WORKS

03 20 02 STEEL BARS AND WELDED WIRE FABRIC FOR CONCRETE

REINFORCEMENT FOR CIVIL WORKS

03 31 00.00 10 CAST-IN-PLACE STRUCTURAL CONCRETE FOR CIVIL WORKS

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04 20 00 MASONRY

05 05 23.00 10 WELDING, STRUCTURAL

05 48 10.00 18 SLUICE GATES AND SLIDE GATES

05 49 00.00 18 ELASTOMERIC CHECK VALVES AND FLAP GATES

05 50 00 METAL: MISCELLANEOUS AND FABRICATIONS

05 50 04 METALS: MISCELLANEOUS, STANDARD ARTICLES, SHOP

FABRICATED ITEMS

06 10 00 ROUGH CARPENTRY

07 40 00.00 40 ROOFING AND SIDING PANELS

07 60 00 FLASHING AND SHEET METAL

07 84 00 FIRESTOPPING

07 92 00 JOINT SEALANTS

08 11 13 STEEL DOORS AND FRAMES

08 33 00 OVERHEAD ROLLING DOORS

08 91 00 METAL WALL AND DOOR LOUVERS

09 06 90 COLOR SCHEDULE

09 29 00 GYPSUM BOARD

09 90 00 PAINTS AND COATINGS

13 48 00.00 10 SEIMIC PROTECTION FOR MECHANICAL EQUIPMENT

22 00 00 PLUMBING, GENERAL PURPOSE

22 11 23.00 10 SUBMERSIBLE PUMP, AXIAL-FLOW AND MIXED-FLOW TYPE

23 00 00 AIR SUPPLY, DISTRIBUTION, VENTILATION, AND EXHAUST

SYSTEMS

23 07 00 THERMAL INSULATION FOR MECHANICAL SYSTEMS

23 11 13.00 20 FUEL OIL PIPING

23 83 00.00 20 ELECTRIC SPACE HEATING EQUIPMENT

26 05 48.00 10 SEISMIC PROTECTION FOR ELECTRICAL EQUIPMENT

26 12 19.10 THREE-PHASE PAD-MOUNTED TRANSFORMERS

26 20 00 INTERIOR DISTRIBUTION SYSTEM

26 28 00.00 10 MOTOR CONTROL CENTERS, SWITCHBOARDS AND

PANELBOARDS

26 32 15.00 10 DIESEL-GENERATOR SET STATIONARY 100-2500 KW, WITH

AUXILIARIES

26 36 00.00 10 AUTOMATIC TRANSFER SWITCH

26 41 01.00 10 LIGHTNING PROTECTION SYSTEM

26 51 00 INTERIOR LIGHTING

26 56 00 EXTERIOR LIGHTING

31 00 00 EARTHWORK

31 05 22 GEOTEXTILES USED AS FILTERS

31 10 00 CELLULAR CONFINEMENT SYSTEM

31 23 00.00 18 EXCAVATION, TRENCHING, AND BACKFILLING FOR

UTILITIES SYSTEMS

31 23 10.00 18 EXCAVATION, FILLING AND BACKFILLING FOR

STRUCTURES

32 11 16 SUBBASE COURSES AND DENSE GRADED AGGREGATE

COURSES

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32 11 26 BITUMINOUS BASE COURSE

32 12 10 BITUMINOUS TACK AND PRIME COATS

32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS

32 16 13 CONCRETE SIDEWALK AND CURBS

32 31 00.00 10 FENCING

32 92 19 TOPSOIL AND SEEDING

32 93 00 PLANTING

33 11 00 WATER DISTRIBUTION

33 30 00 SANITARY SEWERS

33 40 01 STORM-DRAINAGE SYSTEM

33 56 10 FACTORY-FABRICATED FUEL STORAGE TANKS

35 31 19 STONE PROTECTION

35 41 00 LEVEE CONSTRUCTION

44 46 00 PUMPS; SEWAGE AND SLUDGE

W16ROE80946030

Green Brook Flood Damage Reduction Project, Segment R-2 Levee, Floodw all and Pump Station, Borough of Bound Brook, New Jersey. This project consists of approx. 3,836 linear ft of levee w ith a 2 ½ to 1 side slope w ith a height that varies from approx 3 to 20 ft above the existing ground surface elevation. A floodw all that is approx. 712 linear ft w ith a height that varies from approx 10 to 18 ft above the existing ground surface elevation. A drainage ditch w ill be constructed along w ith the levee/f loodw all to convey interior drainage w ater to the pump station. A pump station building, generator building, and diesel storage tank w ill be construct. The levee/f lood w all w ill contain drainage structures consisting of manholes, sluice gates, and elastomeric check valves w hich vary in size.

This procurement is an UNRESTRICTED subject to 10% Hubzone Evaluation Preference.

NAICS Code: 237990, Size Standard: $31,000,000.00.

Contract Specialist: Elizabeth A. Stanley, 917-790-8172 Technical Manager: Michael Oretga, 917-790-8393.

This proposed effort is classif ied as HEAVY CONSTRUCTION.

Submit Bids to the Contracting Office at the follow ing address: US Army Corps of Engineers, New York District Contracting Division, Room 1843, 26 Federal Plaza New York, NY 10278-0090

X

ELIZABETH A STANLEY 917-790-8172

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

15-May-2008

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

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

11. The Contractor shall begin performance w ithin _______5 calendar days and complete it w ithin ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section 00800

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________16 Jun 2008 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

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

8. ADDRESS OFFER TO (If Other Than Item 7)

212 264-3013FAX:TEL: 212 264-0238 TEL: FAX:

W912DS-08-B-0005 114

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. 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)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

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

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

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

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912DS-08-B-0005

Section 00010 - Solicitation Contract Form

CHECK LIST FOR BIDDERS

IFB NO. W912DS-08-B-0005

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

GREEN BROOK FLOOD DAMAGE REDUCTION PROJECT, SEGMENT R-2 LEVEE,

FLOODWALL, AND PUMP STATION, BOROUGH OF BOUND BROOK, NEW JERSEY.

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-08-B-0005.

2. BIDS MUST BE SET FORTH full, accurate, and complete information as required by this Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed under Title 18, United States Code, Section 1001.

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00100).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL OPPORTUNITY clause as it applies to the contract resulting from this solicitation. (See paragraph NOTICE

OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY in Section 00100 of this IFB).

5. REPRESENTATIONS AND CERTIFICATIONS – SECTION 00600

Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids.

Within Section 00600, note in particular the CERTIFICATION OF NONSEGREGATED FACILITIES. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause (1984 APR).

6. THIS PROJECT IS UNRESTRICTED.

US ARMY ENGINEER DISTRICT, NEW YORK

INVITATION FOR BID NO. W912DS-08-B-0005

CHECK LIST FOR BIDDERS

ATTACHED IS IFB NO. W912DS-08-B-0005

Green Brook Flood Damage Reduction Project, Segment R-2 Levee, Floodwall and Pump Station, Borough of Bound Brook, New Jersey.

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION MUST BE

FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR BID INELIGIBLE FOR

AWARD. IMPORTANT ITEMS FOR YOU TO CHECK ARE INCLUDED IN BUT NOT

LIMITED TO THOSE LISTED BELOW. THIS INFORMATION IS FURNISHED ONLY TO

ASSIST YOU IN SUBMITTING A PROPER BID.

__HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

__HAVE YOU COMPLETED THE “REPRESENTATIONS AND CERTIFICATIONS”

(SECTION 00600) PORTION OF THE SOLICITATION?

__IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

__IS YOUR BID PROPERLY SIGNED?

__A BID BOND IS REQUIRED. HAS YOUR SURETY PROVIDED YOU WITH A

BID BOND ON STANDARD FORM 24 OR A SIMILAR FORM CONTAINING

THE SAME LANGUAGE AS A STANDARD FORM 24?

__IS YOUR BID GUARANTEE IN THE PROPER AMOUNT?

__IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND

SURETY AND ARE ALL REQUIRED SEALS AFFIXED?

__IS THE NAME IN WHICH YOU SUBMITTED THE BID THE SAME ON YOUR

BID AS ON THE BID BOND?

__IS YOUR BID BOND INCLUDED WITH YOUR BID? (A LATE BID

GUARANTEE IS TREATED THE SAME AS A LATE BID)

__HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR BID BY

ALTERING THE PROVISIONS OF THE SOLICITATION?

__WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH BID

ITEM? (THE SOLICITATION SPECIFICALLY STATES WHEN THIS IS

NECESSARY.)

__ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR

FIGURES LEGIBLE?

__IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE

THEY INITIALED BY THE PERSON SIGNING THE BID?

__DOES THE ENVELOPE CONTAINING YOUR BID PROPERLY IDENTIFY

THAT IT ISA SEALED BID AND DOES IT CONTAIN THE CORRECT

SOLICITATION NUMBER AND BID OPENING TIME?

__WILL YOUR BID ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED “LATE

SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS” IN THE

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS, SECTION 00100

OF THE SOLICITATION.)

__ IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND

SURETY AND ARE ALL REQUIRED SEALS AFFIXED?"

__ DO THE BID BOND AND ACCOMPANYING DOCUMENTS BEAR SIGNATURES AND

SEALS AFFIXED AFTER THE DOCUMENT WAS GENERATED, AS OPPOSED TO

COMPUTER PRINTER-GENERATED SIGNATURES AND/OR SEALS?

NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K.

JAVITS FEDERAL BUILDING, 26 FEDERAL PLAZA THAT MAY AFFECT THE

TIME IT TAKES TO ENTER THE BUILDING. BIDDERS IS RESPONSIBLE TO

ENSURE THAT ITS BID IS SUBMITTED TIMELY.

BIDDER IS RESPOSIBLE TO ENSURE BID IS SUBMITTED ON TIME.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

R2 LEVEE - WEST END

FFP

BASE BID -All work to complete construction of Segment R2 (i.e. levee, drainage structures, etc) located within Station 33+00 and Station 62+00 of the easement areas in accordance with the drawings and specifications, but not including Item No 0002 - Item No 0007 on this bid schedule.

FOB: Destination

MILSTRIP: W16ROE80946030

PURCHASE REQUEST NUMBER: W16ROE80946030

NET AMT

0002 1 Lump Sum OPTION R2 Levee/floodwall/pumpstation -East End

FFP

OPTION 1 - All work to complete construction of Segment R2 (i.e. levee, pump station, swale, drainage structures, floodwall, etc) located within Station 62+00 to Station 78+92.77 of the easement areas in accordance with the drawings and specifications, but not including Item No 0001 and Item No 0003 - 0007 on this bid schedule.

FOB: Destination

0003 1 Lump Sum OPTION PSE&G - Electric Power Line Relocation

FFP

OPTION 2 - Conduct temporary and permanent relocation of utilities in work area.

Cost and schedule to be determined during the construction phase in coordination with the utility company. (See Spec Section 00800 Paragraph 38 for details) Offerors shall include this Amount in the bid price. This amount shall not be changed ($20,000.00).

FOB: Destination

0004 1 Lump Sum OPTION Grass Maintenance

FFP

OPTION 3 - Work to include grass cutting and grass maintenance of all the easement areas in accordance with the drawings and specifications for 1 year.

Contractor should assume 4 grass cuts are required.

FOB: Destination

0005 1 Lump Sum OPTION Levee/Railroad Tie off

FFP

OPTION 4 - All Work to include closing the gap from the western end of the Segment R2 levee to the NJ Transit Railroad embankment by use of sandbagging.

FOB: Destination

0006 1 Lump Sum OPTION Utility Payments

FFP

OPTION 5 - Cost to include payment for utility costs related to pumping station facility for duration of 1 year. Offerors shall include this Amount in the bid price.

This amount shall not be changed. ($6,000.00)

FOB: Destination

0007 1 Lump Sum OPTION Commercial General/Public Liability

FFP

OPTION 6 - Commercial General/Public Liability FFP Insurance, not less than $5,000,000.00 (See Paragraph 36 of Spec Section 00800 for details.)

FOB: Destination

CCASS / CPARS

FFP

The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. CCASS is a web-enabled application that supports the completion, distribution, and retrieval of construction contractor performance evaluations (DD Form 2626). Contractor Representatives are responsible for reviewing and commenting on evaluations submitted by Contractor Performance Assessment Reporting System (CPARS) website https://www.nwp.usace.army.mil/ct/I/home.asp. This CLIN is Not Separately Priced. (NSP) FOB: Destination

PRICE SCHEDULE NOTES

NOTES FOR PRICE SCHEDULE:

1. The low bidder for purposes of award will be the conforming responsible bidder offering the lowest amount for the Total Base Bid Plus Optional Items.

2. The minimum construction award will be the amount bid for the Total Base Bid.

3. Any bid which is materially unbalanced as to the price for the Base Bid Item and Optional Items may be rejected. An unbalanced bid is one, which is based on price significantly less than cost for some work and prices are significantly overstated for other work.

4. Bidders are required to bid on both the Base Bid Item and the Optional Items or their bid will be rejected.

5. Bidders are reminded that they must bid on the issued plans and specifications as amended.

Any deviations, conditions or attachments made by the bidders he thereto may render the bid non-responsive and be cause for its rejection.

6. Item No. 001 Base Bid shall be completed within 360 calendar days from receipt of Notice to Proceed. The Optional Bid Items, if awarded, would be awarded as follows:

7. Item No. 002 Bid Option #1 R2 levee/floodwall/pump station – East End, to be awarded within 270 calendar days from Notice to Proceed.

8. Item No. 003 Bid Option #2 Permanent relocation PSE&G - Electric Power Line, to be awarded within 300 calendar days from Notice to Proceed.

9. Item No. 004 Bid Option #3 Grass Maintenance, to be awarded within 360 calendar days from Notice to Proceed.

10. Item No. 005 Bid Option #4 Levee/Railroad tie off, to be awarded within 180 calendar days from Notice to Proceed.

11. Item No. 006 Bid Option #5 Utility Payments, to be awarded within 360 calendar days from Notice to Proceed.

12. Item No. 007 Bid Option #6 Commercial General/Public Liability, to be awarded within 90 calendar days from Notice to Proceed.

TOTALS

TOTAL BASE LINE ITEM 0001 $__________________

TOTAL OPTION #1 CLIN 0002 $__________________

TOTAL OPTION #2 CLINS 0003 $__20,000.00________

TOTAL OPTION #3 CLINS 0004 $__________________

TOTAL OPTION #4 CLINS 0005 $__________________

TOTAL OPTION #5 CLINS 0006 $___ 6,000.00_______

TOTAL OPTION #6 CLINS 0007 $__________________

TOTAL LINE ITEM 0008 $_______NSP_______

TOTAL BASE PLUS OPTIONS 0001 - 0008 $__________________

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 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.

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 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.

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.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 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.

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.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 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.

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 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, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.214-26 AUDIT AND RECORDS--SEALED BIDDING. (OCT 1997)

(a) As used in this clause, records includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with the pricing of any modification to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to--

(1) The proposal for the modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the modification; or

(4) Performance of the modification.

(c) Comptroller General. In the case of pricing any modification, the Comptroller General of the United States, or an authorized representative, shall have the same rights as specified in paragraph (b) of this clause.

(d) Availability. The Contractor shall make available at its office at all reasonable times the materials described in reproduction, until 3 years after final payment under this contract, or for any other period specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR). FAR Subpart 4.7, Contractor Records Retention, in effect on the data of this contract, is incorporated by reference in its entirety and made a part of this contract.

(1) If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

(2) Records pertaining to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this contract shall be made available until disposition of such appeals, litigation, or claims.

(e) The Contractor shall insert a clause containing all the provisions of this clause, including this paragraph (e), in all subcontracts expected to exceed the threshold in FAR 15.403-4(a)(1) for submission of cost or pricing data.

(End of clause)

52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING (JAN 1986)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and (e) the specifications.

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).

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

17.3 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is : Counties:

Bergen, Essex, Hudson, Hunterdon, Middlesex, Morris, Passaic, Somerset, Sussex, Union and Warren Counties in New Jersey.

Section 00600 - Representations & Certifications

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 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.

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.

(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--------------------------------------------------------------------

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.

52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND

OTHER RESPONSIBILITY MATTERS (DEC 2001)

(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, or receiving stolen property; and

(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.

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) - ALTERNATE I (APR 2002)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $31,000,000.00.

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

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

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.

(4) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

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

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that--

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

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

(7) (Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.) The offeror shall check the category in which its ownership falls:

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(d) Notice.

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

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

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

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

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

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

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

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

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

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

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

(Check each block that is applicable.)

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

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

( ) (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C.