Solicitation.pdf

W16ROE11265545

a. Construction of Soundview Park, Section 206 Aquatic Ecosystem Restoration Project, Bronx, NY.

b. This solicitation is 100% Small Business Set Aside.

c. The Estimated cost range for this project is $5,000,000 to $10,000,000.

d. The contract Specialist for this procurement is Jason L Parker @ (917) 790-8080.

e. Due to the ever increasing security at Government Installation, all bidders are advised to allow ample time to get through the security checks in order to have their proposals delivered by 2:00 P.M. EST.

f. Site Visit:

POC: Ronald R. Pinzon Address: Entrance and meeting place to Soundview Park, Bronx, NY w ill be at the intersection of Leland Avenue and Obrien Avenue. On 27 July 2011 @ 10:00am EST.

Telephone: 917-790-8627 NOTE: For the site visit, personnel should bring: 1) identif ication/business cards for the Corps to record w ho attended, 2) boots/change of clothes. Note: be aw are of the potential for ticks.

g. Submit bids to the Contracting Off ice 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

JASON L PARKER (917)790-8080

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

19-Jul-2011

(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 ________245 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00800 Para 1.

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 ______________23 Aug 2011 (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 _______120 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

12:00 AM (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-11-B-0006 116

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-11-B-0006

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Bid

FFP

The Base Bid shall focus on the clearing and grubbing of the project area, the restoration and construction of a marsh area, the placement of excavated soil at an onsite placement area, the construction of a new asphalt bike path, and the planting of vegetation on the project site. (CLIN 0001 IS FOR INFO ONLY. ONLY

PRICE THE SUB LINE ITEMS EXAMPLE 0001AA- 0001AP)

FOB: Destination

MILSTRIP: W16ROE11265545

PURCHASE REQUEST NUMBER: W16ROE11265545

NET AMT

0001AA 1 Lump Sum

MOBILIZATION AND DEMOBILIZATION

FFP

Furnishing and maintenance of services, equipment, and facilities & removal (as necessary), in accordance with the plans & specifications FOB: Destination

0001AB 1 Lump Sum

WORKSITE ACCESS ROADS

FFP

Labor, materials, equipment, installation, maintenance, removal, and restoring vegetations (as necessary) in accordance with the plans & specifications

0001AC 1 Lump Sum

STAGING AREA

FFP

Labor, materials, equipment, installation, maintenance, removal, and restoring vegetations (as necessary) in accordance with the plans & specifications

0001AD 1 Lump Sum

SITE CLEARING AND GRUBBING

FFP

Labor, equipment, material, installation, demolition, removal, and disposal in accordance with the plans & specifications

0001AE 2.73 Acre

HERBIVORY FENCE

FFP

Labor, materials, equipment, and installation in accordance with the plans & specifications

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE AMOUNT

0001AF 1,700 Cubic Yard

NON-HAZARDOUS SOIL REMOVAL

FFP

Labor, equipment, dewatering, hauling, removal, and disposal of non-hazardous soils with regulatory exceedances excavated from the marsh restoration area and disposed of at an approved off-site disposal site in accordance with the plans & specifications (Estimated Quantities)

UNIT UNIT PRICE AMOUNT

0001AG 8,240 Cubic

CONSTRUCTION DEBRIS REMOVAL

Labor, equipment, hauling, removal, and disposal to the approved disposal facility in accordance with the plans & specifications (Estimated Quantities)

UNIT UNIT PRICE AMOUNT

0001AH 42,260 Cubic

UNCLASSIFIED EXCAVATION

Labor, equipment, any necessary pumping or diversions, hauling, placement, and rough grading of soils excavated from the marsh restoration area which are suitable for onsite placement (soils with contamination levels below regulatory concern) in accordance with the plans & specifications (Estimated Quantities)

UNIT UNIT PRICE AMOUNT

0001AJ 11,310 Cubic

SAND FILL, IMPORTED

Labor, materials, equipment, hauling, and spreading on the marsh restoration area in accordance with the plans & specifications

0001AK 3.70 Acre

FINAL GRADING (MARSH RESTORATION AREA)

FFP

Labor, materials, equipment, and final survey for final grading of marsh restoration area in accordance with the plans & specifications

0001AL 1 Lump Sum

ASPHALT BIKE PATH

FFP

Labor, materials, equipment, and installation in accordance with the plans &

0001AM 1 Lump Sum

MARSH AND UPLAND AREA PLANTINGS

FFP

Labor, equipment, loading, hauling, and installation of Government supplied plugs, shrubs, and trees in the marsh and adjacent upland planting areas in

0001AN 1 Lump Sum

GRASS SEEDING

FFP

(STAGING AREA, WORKSITE ACCESS ROADS AND ONSITE

PLACEMENT AREA) Labor, materials, loading, hauling, and equipment for grass seeding of the areas cleared and grubbed for the staging areas, the construction access roads and all other cleared areas not include in other bid items, as well as grass seeding for the onsite placement area after the addition of the clean fill cap as per Option #1 or Option #2, in accordance with the plans & specifications

0001AP 1 Lump Sum

GRASS SEEDING

FFP

(LOW-SALT TOLERANT UPLAND AREA) Labor, materials, loading, hauling, and equipment for grass seeding of the low-salt tolerant upland planting area, in

OPTION OPTION Item No. 1

FFP

Option #1 includes the placement of a soil demarcation barrier and the placement and grading of 1 foot of compost and 1 foot of sandy loam fill on the onsite placement area to cap the excavation fill from the marsh restoration area. (CLIN

0002 IS FOR INFO ONLY. ONLY PRICE THE SUB LINE ITEMS EXAMPLE

0002AA-0002AD

UNIT UNIT PRICE AMOUNT

0002AA 9,470 Cubic

OPTION COMPOST, SUPPIED BY DSNY

Labor, equipment, and spreading from the Department of Sanitation stockpiling site in accordance with the plans & specifications (Estimated Quantities)

UNIT UNIT PRICE AMOUNT

0002AB 9,830 Cubic

OPTION SANDY LOAM FILL, IMPORTED

Labor, materials, equipment, hauling, and spreading in accordance with the plans & specifications (Estimated Quantities)

0002AC 6.24 Acre

OPTION FINAL GRADING

FFP

Labor, materials, equipment, and final survey in accordance with the plans &

0002AD 1 Lump Sum

OPTION SOIL DEMARCATION BARRIER

FFP

Labor, materials, equipment, and installation in accordance with the plans &

OPTION OPTION Item No. 2

FFP

Option #2 includes the incremental cost increase for the placement and grading of 1 ft of sandy loam fill in place of the 1 ft of compost (COMPOST, SUPPLIED BY DSNY) from Option #1 on the onsite placement area. This would be a total of 2 ft of sandy loam fill in lieu of 1 ft of compost and 1 ft of sandy loam fill. The soil demarcation barrier from Option #1 (0002AD) will not be required if Option #2 is exercised. Incremental cost increase for labor, materials, equipment, hauling, and spreading in accordance with the plans & specifications If Option 2 (Bid Item 0003) is exercised, all sub CLINS for Option 1 (Bid Item 0002) will be exercised in order to capture the total cost of 2 ft of sandy loam fill.

OPTION OPTION Item No. 3

FFP

Option #3 includes the placement and grading of 2 feet of sandy loam fill on a buffer area around the marsh restoration area and the planting of grasses and shrubs on that area (CLIN 0004 IS FOR INFO ONLY. ONLY PRICE THE SUB

LINE ITEMS EXAMPLE 0004AA-0004AD).

UNIT UNIT PRICE AMOUNT

0004AA 1,550 Cubic

OPTION SANDY LOAM FILL, IMPORTED

Labor, materials, equipment, hauling, and spreading in accordance with the plans & specifications (Estimated Quantities)

0004AB .48 Acre

OPTION FINAL GRADING

FFP

Labor, materials, and equipment in accordance with the plans & specifications

0004AC 1 Lump Sum

OPTION OPTION #3 PLUGS

FFP

Labor, equipment, loading, hauling, and installation of Government supplied shrub plants in accordance with the plans & specifications

0004AD 1 Lump Sum

OPTION GRASS SEEDING (OPTION #3)

FFP

Labor, materials, loading, hauling, and equipment in accordance with the plans &

OPTION OPTION Item No. 4

FFP

Option #4 includes the construction of an asphalt overlook from the new asphalt bike path to look out onto the marsh restoration area. Labor, materials, equipment, and installation in accordance with the plans & specifications.

OPTION OPTION Item No. 5

FFP

Option #5 includes the clearing and grubbing of an area north of the onsite placement area, the placement of a soil demarcation barrier, the placement and grading of 1 foot of compost and 1 foot of clean fill on the area, and grass seeding on that area (CLIN 0006 IS FOR INFO ONLY. ONLY PRICE THE SUB LINE

ITEMS EXAMPLE 0006AA-0006AF).

0006AA 1 Lump Sum

OPTION SITE CLEARING AND GRUBBING

FFP

Labor, equipment, and material removal and disposal in accordance with the plans & specifications

UNIT UNIT PRICE AMOUNT

0006AB 2,485 Cubic

Labor, equipment, and spreading from the Department of Sanitation stockpiling

UNIT UNIT PRICE AMOUNT

0006AC 2,765 Cubic

OPTION CLEAN FILL, SUPPLIED BY DSNY

Labor, equipment, and spreading in accordance with the plans & specifications (Estimated Quantities)

0006AD 1.86 Acre

OPTION FINAL GRADING

FFP

0006AE 1 Lump Sum

OPTION GRASS SEEDING

FFP

Labor, materials, loading, hauling, and equipment in accordance with the plans &

0006AF 1 Lump Sum

OPTION SOIL DEMARCATION BARRIER

FFP

Labor, materials, equipment, and installation in accordance with the plans &

OPTION OPTION Item No. 6

FFP

Option #6 includes the clearing and grubbing of an area between the marsh restoration area and the onsite placement area and around the staging area, the placement of a soil demarcation barrier, placement and grading of 1 foot of compost and 1 foot of clean fill on the entire area including the site of the staging area, and grass seeding of the area (excluding the site of the staging area) (CLIN

0007 IS FOR INFO ONLY. ONLY PRICE THE SUB LINE ITEMS EXAMPLE

0007AA-0007AF).

0007AA 1 Lump Sum

OPTION SITE CLEARING AND GRUBBING

FFP

Labor, equipment, and material removal and disposal in accordance with the plans & specifications

UNIT UNIT PRICE AMOUNT

0007AB 5,375 Cubic

Labor, equipment, and spreading from the Department of Sanitation stockpiling

UNIT UNIT PRICE AMOUNT

0007AC 5,575 Cubic

OPTION CLEAN FILL, SUPPLIED BY DSNY

Labor, equipment, and spreading in accordance with the plans & specifications (Estimated Quantities)

0007AD 3.91 Acre

OPTION FINAL GRADING

FFP

0007AE 1 Lump Sum

OPTION GRASS SEEDING

FFP

Labor, materials, loading, hauling, and equipment in accordance with the plans &

0007AF 1 Lump Sum

OPTION SOIL DEMARCATION BARRIER

FFP

Labor, materials, equipment, and installation in accordance with the plans &

TOTAL

Total Amount

TOTAL BASE BID AMOUNT (CLIN 0001) $__________________________

TOTAL OPTIONS (CLINS 0002 Through 0007) $__________________________

TOTAL BASE PLUS OPTIONS (CLIN 0001 THRU 0007 $__________________________

NOTES TO BIDDERS

NOTES:

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

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

3. Bidders are required to bid on all items or their bid will be rejected.

4. Bidders are reminded that they must bid on the issued plans and specifications as amended, Any deviations, conditions, or amendments made by the bidders thereto may render the bid non-responsive and be cause for its rejection.

5. Optional bid items, if awarded will be as follows:

6. Option 1 - Bid Item 0002, Placement of a soil demarcation barrier, placement and grading of 1 foot of compost and 1 foot of clean fill, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract. CLIN 0002 IS FOR INFO ONLY. ONLY PRICE THE SUB LINE ITEMS EXAMPLE

0002AA-0002AD.

7. Option 1 - Bid Item 0002AA, Labor, equipment, and spreading of the compost from the Department of Sanitation stockpiling site may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

8. Option 1 - Bid Item 0002AB, Labor, materials, equipment, hauling and spreading of the sandy loam fill may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

9. Option 1 - Bid Item 0002AC, Labor, materials, equipment and final survey for the final grading, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

10. Option 1 - Bid Item 0002AD, Labor, materials, equipment and installation of a soil demarcation barrier, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

11. Option 2 - Bid Item 0003, Incremental cost increase for labor, materials, equipment, hauling and placement/spreading of 1 foot of sandy loam fill in lieu of only 1 foot of compost and the soil demarcation barrier from Option #1, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

12. If Option 2 (Bid Item 0003) is exercised, all sub CLINS for Option 1 (Bid Item 0002) will be exercised in order to capture the total cost of 2 feet of sandy loam fill. Option 1 consists of 1 foot of compost plus 1 foot of sandy loam fill, totaling 2 feet. Option 2 replaces 1 foot of compost from Option 1 with 1 foot of sandy loam fill. If Option 2 is exercised the contractor will have to place 2 feet of sandy loam fill and no compost.

13. Option 3 - Bid Item 0004, Placement and grading of 2 feet of clean fill and planting of grasses and shrubs may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract. CLIN 0004 IS FOR INFO ONLY. ONLY PRICE THE SUB LINE ITEMS EXAMPLE 0004AA-0004AD.

14. Option 3 - Bid Item 0004AA, Labor, materials, equipment, hauling and spreading of the sandy loam fill, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

15. Option 3 - Bid Item 0004AB, Labor, materials and equipment for the final grading, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

16. Option 3 - Bid Item 0004AC, Labor, equipment, loading, hauling, and installation of Government supplied plug plants may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

17. Option 3 - Bid Item 0004AD, Labor, materials, and equipment for the grass seeding, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

18. Option 4 - Bid Item 0005, Construction of an asphalt overlook, labor, materials, equipment and installation for the asphalt overlook may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

19. Option 5 - Bid Item 0006, Clearing and grubbing of an area north of the onsite placement area, placement of a soil demarcation barrier, placement and grading of 1 foot compost and 1 foot of clean fill, and grass seeding, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract. . CLIN 0006 IS FOR INFO ONLY. ONLY PRICE THE SUB LINE ITEMS EXAMPLE 0006AA-0006AF.

20. Option 5 - Bid Item 0006AA, Labor, equipment, and material removal and disposal for site clearing and grubbing, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

21. Option 5 - Bid Item 0006AB, Labor, equipment, and spreading of the compost from the Department of Sanitation stockpiling site, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

22. Option 5 - Bid Item 0006AC, Labor, equipment and spreading of the clean fill supplied by Department of Sanitation, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

23. Option 5 - Bid Item 0006AD, Labor, materials and equipment for the final grading, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

24. Option 5 - Bid Item 0006AE, Labor, materials and equipment for the grass seeding, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

25. Option 5 - Bid Item 0006AF, Labor, materials, equipment, and installation of a soil demarcation barrier, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

26. Option 6 - Bid Item 0007, Clearing and grubbing, placement of a soil demarcation barrier, placement and grading of 1 foot of compost and 1 foot of clean fill and grass seeding, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract. CLIN 0007 IS FOR INFO ONLY. ONLY

PRICE THE SUB LINE ITEMS EXAMPLE 0007AA-0004AF.

27. Option 6 - Bid Item 0007AA, Labor, equipment and material removal and disposal for site clearing and grubbing, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

28. Option 6 - Bid Item 0007AB, Labor, equipment, and spreading of the compost from the Department of Sanitation stockpiling site, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

29. Option 6 - Bid Item 0007AC, Labor, equipment and spreading for the clean fill supplied by Department of Sanitation, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

30. Option 6 - Bid Item 0007AD, Labor, materials and equipment for the final grading, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

31. Option 6 - Bid Item 0007AE, Labor, materials and equipment for the grass seeding, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

32. Option 6 - Bid Item 0007AF, Labor, materials, equipment, and installation of a soil demarcation barrier, may be exercised within 60 calendar days from receipt of Base Bid NTP date. No additional time shall be added to the contract.

33. An executed Concurrent Use and Occupancy Agreement [CUOA] between New York City Parks and New York State Department of Environmental Conservation must be received by the U.S. Army Corps of Engineers-New York District prior to bid opening.

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996

CLAUSES INCORPORATED BY FULL TEXT

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

(a) Definitions. As used in this clause--

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require--

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall--

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor's internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5,000,000 and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(End of clause)

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 120 calendar days (60 calendar days unless a different period is inserted by the bidder) from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS

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

(1) Obviously misplaced decimal points will be corrected;

(2) 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 purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the 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.

(End of statement)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (DEC 2007)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--

(1) The product cannot be acquired--

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 2902.10 et seq.). For example, some USDA-designated items such as mobile equipment hydraulic fluids, diesel fuel additives, and penetrating lubricants are excluded from the preferred procurement requirement for the application of the USDA-designated item to one or both of the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.usda.gov/biopreferred.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00 whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

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) Site visits may be arranged during normal duty hours by contacting:

POC: Ronald R. Pinzon Address: Entrance and meeting place to Soundview Park, Bronx, NY will be at the intersection of Leland Avenue and Obrien Avenue. On 27 July 2011 @ 10:00am EST.

Telephone: 917-790-8627 NOTE: For the site visit, personnel should bring: 1) identification/business cards for

Corps to record who attended, 2) boots/change of clothes, & 3) be aware for the potential for ticks.

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

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

http://farstie.hill.af.mil http://www.arnet.gov http:www.dtic.mil.dfars

(End of provision

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.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is -------------- [insert NAICS code].

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

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

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225- 1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xix) 52.225-25, Prohibition on…