16B0005.PDF

IFB No. W912DW-16-B-0005

Seattle District

Libby Powerhouse Oil Storage Room Water Mist Fire Protection System, Libby, MT

Construction Solicitation and Specifications

January 2016

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W912DW-16-B-0005 1

THIS PROCUREMENT IS:

Open to Large and Small Businesses

SITE VISIT

The purpose of the site visit is to familiarize Offerors with the scope of work and provide an opportunity to become familiar with the existing site conditions. It is the intent of the Government that all prospective Offerors visit the jobsite for the purpose of acquainting themselves with local conditions. Non-technical questions will be addressed; however, ALL technical questions regarding the solicitation will be submitted via ProjNet, a web-based program that allows Offerors to post questions regarding the solicitation and to view all questions by other Offerors and answers by USACE.

Attendance at the site visit is strongly recommended.

One organized site visit has been scheduled as follows:

Wednesday, February 3, 2016 at 10:00 AM

Participants will meet at:

Libby Dam – Administration Office 17877 Highway 37

Libby, MT 59923-7828

To obtain access to the Commons Building, site visit participants will need to use the call button at Security and indicate they are attending the solicitation site visit for the Libby Dam Powerhouse Roof Replacement. Once through the gate, participants will proceed straight ahead to the security guard station, where they will need to present valid ID to the security officer. When allowed, site visit participants shall proceed to the Commons Building and meet in a conference room, location to be provided upon arrival. After the pre-site visit logistics briefing in the conference room, participants will be transported via Government van to and from the project work area for the site visit.

Site Visit Registration:

Firms must register no later than 12:00 PM the day prior to each respective site visit date.

Confirm attendance by sending an email to: Brian.C.Nelson@usace.army.mil Include the below information.

1) Solicitation Number

2) Project Title

3) Date of Attendance

4) Name of firm with complete mailing address and telephone number

5) Name, title and phone number of each representative

6) Are all individual(s) U.S. Citizens?

If not, please refer to ACCESS FOR FOREIGN NATIONALS below.

Site Visit Point of Contact: Mr. Josh Erickson, Libby Dam.

Email: Joshua.J.Erickson@usace.army.mil Office Phone: 406-293-7751 EXT 116

Requests for attendance received after 12:00 PM the day prior to each respective site visit date will not be accepted. Due to Security requirements and limited field staff available for site visits, only one site visit will be offered. Individual requests for site visits will not be granted. Offerors should visit the site and take such other steps as may be reasonably

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necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so shall not relieve Offerors from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government shall assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Solicitation, specifications/plans, or related documents.

Each individual must have valid government picture identification on his/her person while at the project site. There can be no substitutions of one individual for another. If an individual arrives at the site visit without having RSVP’d ahead of time and/or without picture identification, that individual may not be allowed on the project.

Hardhats, hard toed boots, and safety reflective vests are required. Cameras will not be allowed. However, the Government will bring a camera and take pictures as requested, to be reviewed and approved by the security officer prior to release. All participants will be required to sign an attendance list.

Access for Foreign Nationals: Non U.S. Citizen(s) must complete the attached request for visitation authority (RVA) form and submit it with required documents no later than 5 days prior to the site visit, by 12:00 p.m. PDT.

Please submit required documentation to Brian Nelson, Brian.C.Nelson@usace.army.mil, 206-316-3929.

BIDDING DOCUMENTS: View solicitations at the Internet sites: http://www.fedbizopps.gov/

FOR INQUIRIES, CONTACT THE FOLLOWING:

Monday through Friday between the hours of 8:00 a.m. and 3:30 p.m.:

ADMINISTRATIVE MATTERS:

Contact: Monique Paano, Contract Specialist, monique.a.paano@usace.army.mil or 206-764-6084

Mail: Seattle District, U.S. Army Corps of Engineers, P.O. Box 3755, CECT-NWS, Bldg 1202, Seattle, WA 98124-3755

Street: Seattle District, U.S. Army Corps of Engineers, 4735 E. Marginal Way S., Bldg 1202, Seattle, WA 98134-2388

TECHNICAL QUESTIONS:

All inquiries regarding this solicitation are to be submitted via ProjNet-BID. Telephone and email inquiries will not be accepted. ProjNet-BID is a web-based program that allows bidders to post questions regarding the solicitation and to view all questions by other bidders and answers by USACE. ProjNet-BID can be accessed at https://www.projnet.org To access the ProjNet-BID website the first time:

1) Click the Quick Add menu in the upper right.

2) Enter the following information for access:

2.a) Select USACE as the Agency.

2.b) Input BID Key: UC96EH-SPG8TS 2.c) Your email address.

3) Enter valid business contact information (e.g. First and Last Name, Company name, city and state, phone number, email address). (Required on first project only.)

4) Establish Secret Question and Answer which will be used as a password (required on first project only).

5) For subsequent access use your email address, the Key and response to the Secret Question to access the ProjNet- BID Module.

Request for Visitation Authority (RVA) Solicitation No. W912DW-16-B-0005

1. Biographical information:

Name:

Passport No:

Date of Birth:

Place of Birth:

Nationality:

Organization:

Title:

2. Site to visit: Libby Powerhouse Oil Storage Room Water Mist Fire Protection System, Libby, MT

Proposed Date to visit: February 3, 2016

3. Sponsoring Agency: Corps of Engineers, Seattle District

4. Classification and Type of Information: Public Domain

5. Name of contract Company and supervisor:

6. Justification for visit: Attend pre-proposal site visit for project titled: Libby Powerhouse Oil Storage Room Water Mist Fire Protection System, Libby, MT

7. Information to be exchanged: General site familiarization in support of the Libby Powerhouse Oil Storage Room Water Mist Fire Protection System, Libby, MT Project.

W912DW-16-B-0005

TABLE OF CONTENTS

CAUTION TO BIDDERS

SECTION TITLE

SF1442 Pages 00 11 00-1 thru 00 11 00- 5 (00 11 00-3 is reserved for use at a later time);

00 21 00 Instructions, Conditions and Notice to Offerors

00 24 00 Evaluation Factors for Award

00 45 00 Representations and Certifications and other Statements of Offerors, and Pre-Award Information

00 72 00 Contract Clauses

00 73 00 Special Clauses, which include the following:

a) Special Clauses Pages 00 73 00-1 thru 00 73 00-9

b) Davis-Bacon General Wage Decision No. MT150042

01 00 00 Technical Specifications: 01 11 10 thru 28 31 64

RETURN THE FOLLOWING WITH YOUR BID:

SF1442 - Pages 00 11 00-1 thru 00 11 00-5 (00 11 00-3 is reserved for use at a later time);

Section 00 45 00 Representations and Certifications to include the Pre-Award information pages 00 45 00-A and B.

20% Bid Bond -- Bid Bonds must be accompanied by a Power of Attorney containing an original signature from the surety, which must be affixed to the Power of Attorney after the Power of Attorney has been generated. Computer generated and signed Powers of Attorney will only be accepted if accompanied by an original certification from a current officer of the surety attesting to its authenticity and continuing validity.

Unless specified, the following information does not need to be submitted with your bid, BUT it is required to be completed before the contract can be awarded:

Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled System for Award Management (SAM) and that all information required is current and up to date. https://www.sam.gov/portal/public/SAM/

! ! ! C A U T I O N TO B I D D E R S ! ! !

1. TELEPHONES: There are no public telephones at the Seattle District Corps of Engineers.

2. BUSINESS HOURS: For the Seattle District Corps of Engineers are from 7:30 A.M. to 4:00 P.M., Monday through Friday.

BEFORE SIGNING AND MAILING THIS OFFER, PLEASE TAKE NOTE OF THE FOLLOWING, AS

FAILURE TO PERFORM ANY ONE OF THESE ACTIONS MAY CAUSE YOUR OFFER TO BE REJECTED

3. AMENDMENTS: Have you acknowledged receipt of ALL amendments? If in doubt as to the number of amendments issued, please contact the representative listed on the Information Page.

4. AMENDED SECTIONS: If any of the amendments furnished amended sections, the amended sections must be used in submitting your offer.

5. MISTAKE IN OFFER: Have you reviewed your offer price for possible errors in calculation or work left out?

6. OFFER ACCEPTANCE PERIOD: The minimum offer acceptance period is specified in block 13D of SF1442, page 00 11 00 - 1, Solicitation, Offer and Award. Please ensure that you allow at least the stated number of calendar days for the Government to accept your offer.

7. SYSTEM FOR AWARD MANAGEMENT: Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled System for Award Management (SAM) and that all information required is current and up to date. https://www.sam.gov/portal/public/SAM/

8. Far 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) (b) The Contractor is asked to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

9. ATTENTION: Due to heightened security, the method of Hand Delivery has changed and takes longer than the previous method of arriving at the Federal Center South building lobby to deliver your bid.

Please allow sufficient time to allow for heightened security at Government installations and to get to Building #1202.

Allow time to park, pass through a metal detector, sign in, and receive a building pass at the Federal Center South Building. From there, you will be directed to the USACE Oxbow Building (#1202) which sits behind the Federal Center South Building. Allow additional time.

Report to the Security Desk in the lobby of the USACE Oxbow Building (#1202) and you will be directed to the bid opening room. This room will be available 30 minutes prior to the bid opening.

If you do not wish to be present when bids are opened and would like to drop off your bid, contact the following persons upon reporting to the Security Desk: Bobbie Weitzel, Procurement Technician, at 206-764-6692, Sonia Frees, Procurement Technician, at 206-764-3516, or the Contracting Specialist, Monique Paano 206-764-6084. A Contracting representative will come down and accept your bid.

A bid is not received by the Government until it is in the physical possession of a representative of the Contracting office.

Security guards and other non-contracting personnel are NOT authorized to accept proposals on behalf of the Government. Note that official receipt of a proposal shall be in accordance with FAR 52.215-1.

Note: If delivery is by any means other than Hand Delivery, please check prior to the due date and time to ensure that your bid has arrived on time.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE W912DW

Seattle District, Corps of Engineers

ATTN: CECT-NWS

PO Box 3755 Seattle, WA 98124-3755

8. ADDRESS OFFER TO

Seattle District, Corps of Engineers PO Box 3755 ATTN: CECT-NWS Seattle, WA 98124-3755

HAND CARRY: Federal Center South Building 1202 4735 East Marginal Way South Seattle, WA 98134-2388

9. FOR INFORMATION CALL

A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):

Furnish all labor, materials and equipment and perform all work for

11. The Contractor shall begin performance within calendar days and complete it with calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

12B. CALENDAR DAYS

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

NSN 7540-01-155-3212

Designed using Perform Pro, WHS/DIOR, Oct 96

1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)

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

W912DW-16-B-0005 27 Jan 2016

W68MD953213418

Monique Paano monique.a.paano@usace.army.mil

1:00:00 PM

26 Feb 2016

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* See Section 00 73 00

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OFFER (Must be fully completed by offeror)

STANDARD FORM 1442 BACK (REV. 4-85)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

Tax ID No: DUNS No:

email: Cage Code:

15. TELEPHONE NUMBER (Include area code) Fax No.:

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal or greater than the minimum requirement stated in 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS See Schedule

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24.SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

US Army Corps of Engineers Finance Center

CEFC-AO-P

5722 Integrity Drive Millington, TN 38054-500

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to the issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD. (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

30B. SIGNATURE 30C. DATE

31A. NAME OF CONTRACTING OFFICER (Type or print)

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

BY

Bonilie L. Lackey

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SEE ALTERATIONS IN CONTRACT, PAGE 00 11 00 - 3

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Typewritten Text Fairchild Resident Office PO Box 1334 Fairchild AFB, WA 99011-1334

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W912DW-16-B-0005 00 11 00 - 4

IF THE CONTRACTOR IS A CORPORATION OR PARTNERSHIP, THE APPLICABLE PORTION

OF THE FORM LISTED BELOW MUST BE COMPLETED. IN THE ALTERNATIVE, OTHER

EVIDENCE MUST BE SUBMITTED TO SUBSTANTIATE THE AUTHORITY OF THE PERSON

SIGNING THE CONTRACT. IF A CORPORATION, THE SAME OFFICER SHALL NOT

EXECUTE BOTH THE CONTRACT AND THE CERTIFICATE.

CORPORATE CERTIFICATE

I, ____________________________________, certify that I am the _________________________ Secretary of the Corporation named as Contractor herein; that _________________________________, who signed this contract on behalf of the Contractor was then ___________________________of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

_____________________________ (CORPORATE

(Secretary) SEAL)

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the contract has authority actually to bind the partnership pursuant to its partnership agreements.

Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership with the United States of America, except as follows: (state "none" or describe limitations, if any) ________________________________________

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Names and Signatures of all Partners)

NAME SIGNATURE

Libby Dam Oil Storage Room Water Mist Fire Protection System 16007 Kootenai River, MT

W912DW-16-B-0005 00 11 00 - 5

BID SCHEDULE

Item No. Description of Item Quantity Unit Unit Price Amount

0001 Mobilization and Demobilization 1 Job N/A $__________

0002 Removal of Existing CO2 system 1 Job N/A $__________

Engineering and Design of New Fire Protection System

1 Job N/A $__________

Provide and Install New Fire Protection System

1 Job N/A $__________

0005 Furnish O&M Manuals 1 Job N/A $50,000

0006 Furnish As-Built Drawings 1 Job N/A $20,000

TOTAL: $_____________________

Notes:

1. 100% Design Projects cannot be altered, changed, or re-designed in any way. No alternate proposals will be accepted.

2. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest Bid Schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.

3. Offerors must insert a price on all numbered items of the Bid Schedule. Failure to do so may result in the offer being unacceptable.

4. The dollar amount established in Item Nos. 0005 and 0006 shall not be revised by Offerors.

Section 00 21 00 - Instructions, Conditions and Notices to Offeror

MAGNITUDE OF CONSTRUCTION

The magnitude of this construction project is estimated between $500,000.00 to $1,000,000.00.

APPARENT CLERICALMISTAKES

Apparent Clerical Mistakes (14.407-2)

Any clerical mistake, apparent on its face in the bid/price schedule, may be corrected by the contracting officer before award. The contracting officer first shall obtain from the bidder a verification of the bid/price intended.

Examples of apparent mistakes are --

Obvious misplacement of a decimal point;

Obviously incorrect discounts (for example, 1 percent 10 days, 2 percent 20 days, 5 percent 30 days);

Obvious reversal of the price f.o.b. destination and price f.o.b. origin; and Obvious mistake in designation of unit.

Correction of the bid shall be effected by attaching the verification to the original bid and a copy of the verification to the duplicate bid. Correction shall not be made on the face of the bid; however, it shall be reflected in the award document.

Correction of bid submitted by electronic data interchange shall be effected by including in the electronic solicitation file the original bid, the verification request, and the bid verification.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 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 252.204-7004 Alt A System for Award Management Alternate A FEB 2014

CLAUSES INCORPORATED BY FULL TEXT

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)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

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

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

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

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

52.222-23 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

2.7% 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 Libby, Lincoln County, Montana..

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Chief, Contracting Division U.S. Army Corps of Engineers – Seattle District

P.O. Box 3755 Seattle, WA 98124-3755

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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

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

http://www.arnet.gov http://farsite.hill.af.mil http://www.acq.osd.mil/dp/dfars/dfar.html

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

TBD

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 - Representations and Certifications

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015 252.209-7991 (Dev) Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under any Federal Law—Fiscal Year 2016 Appropriations.

(DEVIATION 2016-O0002)

OCT 2015

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--------------------------------------------------------------------

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.

(2) The small business size standard is $15M.

(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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM 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 SAM 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 provision at 52.204-7, System for Award Management.

(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) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

(vii) 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.

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

(ix) 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.

(x) 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.

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

(xii) 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.

(xiii) 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.

(xiv) 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.

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

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

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) 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 $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

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).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

W912DW-16-B-0005 00 45 00 - A

SUBMIT THE FOLLOWING INFORMATION WITH YOUR BID

NOTICE TO BIDDERS REGARDING PRE-AWARD INFORMATION

1. Company Name and Address:

2. Point of Contact Name:

Telephone Number: Fax Number:

Email address:

3. Electronic Transfer Payments will now be required for all new contracts. Do you currently receive Electronic Transfer

Payments from this agency? (agency codes 00005524/00006482) Yes No

4. Name of Bank and Branch:

Personal Banker:

Telephone Number: Fax Number:

Email address:

5. Name of Bonding Agent Company:

Agents Name:

Telephone Number: Fax Number:

Email address:

6. Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled System for Award Management (SAM) and that all information required is current and up to date.

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

Ensure that your company’s information is updated for the following areas:

CORE DATA: Ensure that your business types are correctly filled in:

(Examples of Business types: Small Business (SB), Small Disadvantaged Business (SDB), Woman-Owned Small Business (WOSB), Historically Underutilized Business Zone (HUBZone), Veteran-Owned Small Business (VOSB), Service-Disabled Veteran-Owned Small Business (SDVOSB), and SBA 8(a)).

What is your business type?

DUNS Number:

CAGE Code:

TAX ID:

REPS & CERTS: Ensure that you have certified the FAR and DFARs provisions (clauses) listed on the Reps &

Certs pages.

CORE DATA – Business Types updated: Yes Date:

REPS & CERTS – Certified Yes Date:

7. Please provide the following information; it will not be used to evaluate or rank bids. It will be used solely as a reference check for our internal files. List no more than three projects that are substantially complete or have been completed

W912DW-16-B-0005 00 45 00 - B

within the last ten years that are similar to this project. Projects should be listed in the following order: Federal projects, state projects, city/county projects, and then commercial projects. Use the following format:

a) Title & Location of Project:

Agency/Company:

Point of Contact (Name &Title):

Email address:

Telephone Number: Award Amount: $ Yr of Completion:

b) Title & Location of Project:

Point of Contact…