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SOLICITATION NO. W912EE-16-B-0016

DATE: 2 6 J u l y 2 0 1 6

SPECIFICATIONS FOR

MISSISSIPPI RIVER LEVEES

BOLIVAR COUNTY, MISSISSIPPI

PUSHMATAHA MITIGATION AREA BRIDGE

THIS PROCUREMENT IS A COMPETITIVE 8(m) SET-ASIDE.

COMPETITION IS LIMITED TO WOMEN-OWNED SMALL

BUSINESSES (WOSB) ELIGIBLE UNDER THE WOSB PROGRAM

SET-ASIDE.

Building Strong®

Serving the Army Serving the Nation

VICKSBURG DISTRICT

4155 CLAY STREET

VICKSBURG, MS 39183-3435 CEMVK-EC-TC

INQUIRIES

REGARDING THIS SOLICITATION SHOULD BE

MADE TO THE FOLLOWING:

http://www.projnet.org/projnet

Plans and specifications will be available on the Federal Business Opportunities (FBO) Web Page at: http://www.fedbizopps.gov/

W912EE-16-B-0016

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SOLICITATION, OFFER, AND AWARD (SF1442)

00010 BIDDING SCHEDULE

00100 INSTRUCTIONS TO BIDDERS

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS

01 22 00.00 09 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 02.00 09 QUALITY CONTROL SYSTEM (QCS)

01 45 04.00 09 CONTRACTOR QUALITY CONTROL

01 57 20.00 09 ENVIRONMENTAL PROTECTION

01 57 23.00 09 STORM WATER POLLUTION PREVENTION PLAN

DIVISION 02 - EXISTING CONDITIONS

02 41 00.00 09 DEMOLITION: STRUCTURE REMOVAL

DIVISION 03 - CONCRETE

03 30 00.00 09 CONCRETE

DIVISION 05 - METALS

05 50 14 STRUCTURAL METAL FABRICATIONS

DIVISION 31 - EARTHWORK

31 11 00.00 09 CLEARING AND GRUBBING

31 23 03.00 09 EXCAVATION, FILL AND BACKFILL

31 23 21.00 09 CONTROL OF WATER AT GRADE CONTROL STRUCTURE

31 25 00.00 09 EROSION CONTROL

31 32 13.19 09 LIME TREATMENT

31 37 00.00 09 STONE PROTECTION

31 62 16.00 12 STEEL H-PILES

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 23.00 09 GRANULAR COURSES

32 92 00.00 09 EXISTING TURF MAINTENANCE AND NEW TURF ESTABLISHMENT

DIVISION 34 - TRANSPORTATION

34 41 26.00 09 SIGNS

-- End of Project Table of Contents –

PROJECT TABLE OF CONTENTS Page 1

W807PM61734374

DESCRIPTION OF WORK: The work consists of furnishing all plant, labor, materials and equipment necessary for the demolition of the existing bridge and designing and constructing the new corrugated aluminum plate arch type box culvert bridge. Principal features of the work include clearing and grubbing, demolition and disposal of debris, designing, fabrication, assembly and installation of the corrugated aluminum structural plate arch type box culvert bridge, wing walls and headwalls, excavation, control of water, steel H-piles, concrete work, fill, backfill, stone protection, storm water pollution prevention and environmental protection.

THE ESTIMATED VALUE OF THE PROPOSED WORK IS BETWEEN $500,000 AND $1,000,000

x

OLIVER C. MEEKS (601)631-7249

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

26 July 2016

(RFP)

(IFB)

CALL:

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

SEE SPECIAL NOTICES TO BIDDERS

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 within 10 calendar days and complete it within 250 calendar days after receiving award, X Notice to proceed. This performance period is X mandatory, negotiable. ( See Section 00 80 00.00 09

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 to perform the work required are due at the place specified in Item 8 by 1400 (hour) local time 25 Aug 2016 (date). IIf 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 is 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 _______ 30 calendar days for Government acceptance after the date offers are due will not be considered and will 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

VICKSBURG CONTRACTING OFC

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE

PAGE

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

Sealed envelopes containing offers

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

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

(601)631-7261 FAX: TEL: TEL: FAX:

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) Page 2 (Construction, Alteration, or Repair)

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.

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:

SEE SCHEDULE

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)

CODE 27. PAYMENT WILL BE MADE BY: 964145

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

26. ADMINISTERED BY W912EE

VICKSBURG CONTRACTING OFFICE

4155 CLAY STREET

VICKSBURG, MS 39183-3435

(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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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

(Must be fully completed by offeror)OFFER

BIDDING SCHEDULE

ITEM EST UNIT

NO DESCRIPTION QTY UNIT PRICE AMOUNT

0001 STRUCTURAL PLATE 1 JOB FOR $ _____________________

BOX CULVERT BRIDGE

TOTAL: $__________________________

NOTES:

(a) THIS PROCUREMENT IS A COMPETITIVE 8(m) SET-ASIDE. COMPETITION IS LIMITED

TO WOMEN-OWNED SMALL BUSINESSES (WOSB) ELIGIBLE UNDER THE WOSB PROGRAM SET-

ASIDE. IT IS ISSUED UNDER NAICS 237310, FSC CODE Y1LB, FOR A FIRM FIXED-PRICE

CONTRACT.

(b) All technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. See SNTB Page entitled “TECHNICAL INQUIRIES

AND QUESTIONS”.

(c) The SF 1442, Bidding Schedule, and Section 00600 (Representations, Certifications and other Statements of Bidders) must be accurately completed and returned with your offer or it may be rejected as nonresponsive.

(d) Please be advised that the System for Award Management Registration (SAM) replaces CCR/FedReg and ORCA. All references to CCR and ORCA are to be replaced with SAM. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(e) Bidders shall furnish unit prices for all items listed on the schedule of bid items which require unit prices. If the bidder fails to insert a unit price in the appropriate blank for required items, but does furnish an extended total or an estimated amount for such items, the Government will deem the unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED ESTIMATED AMOUNT FOR ANY ITEM, the BID WILL BE DECLARED

NONRESPONSIVE.

(f) All quantities shown on the BIDDING SCHEDULE are estimated quantities except when the unit of measure is shown as "lump sum", "job" or "each".

(g) If a bid or modification to a bid based on unit price is submitted which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to the unit price in the schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to the unit price in the Bid Schedule.

(h) All extensions of the unit price shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid.

(i) Award will be made as a whole to the lowest responsive, responsible bidder as may be in the best interest of the Government.

(j) THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within seven (7) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Program, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.

(k) VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS:

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS

222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx

Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/

Department of Veterans Affairs–VOW to Hire Heros Act http://benefits.va.gov/vow/

Army Wounded Warrior Program – http://wtc.army.mil/modules/employers/index.html

U.S. Chamber of Commerce Foundation–Hiring Our Heros http://www.hiringourheroes.org/

Guide to Hiring Veterans – Reference Material http://www.whitehouse.gov/sites/default/files/docs/white_house_business_counc il_-guide_to_hiring_veterans_0.pdf

Section 00100 - Bidding Schedule/Instructions to Bidders

SPECIAL NOTICES

1. INVITATION FOR BIDS (IFB) NO. W912EE-16-B-0016

FOR: Mississippi River Levees (MRL), Bolivar County, Mississippi, Pushmataha Mitigation Area Bridge

TO OPEN: 25 Aug 16, 1430 HOURS, LOCAL TIME AT PLACE OF BID OPENING. BID

OPENING MAY BE ATTENDED IN PERSON OR VIEWED ONLINE AT

http://155.76.244.230/bids/bids.htm

2. SEALED BIDS FOR THE WORK DESCRIBED HEREIN WILL BE RECEIVED UNTIL DATE AND

TIME OF BID OPENING.

3. THIS PROCUREMENT IS A COMPETITIVE 8(m) SET-ASIDE. COMPETITION IS

LIMITED TO WOMEN-OWNED SMALL BUSINESSES (WOSB) ELIGIBLE UNDER THE WOSB

PROGRAM SET-ASIDE. ALL OTHER FIRMS ARE DEEMED INELIGIBLE TO SUBMIT A

BID.

4. PRE-BID CONFERENCE: NOT APPLICABLE.

5. YOUR ATTENTION IS DIRECTED TO SECTION 00100, INSTRUCTIONS, CONDITIONS,

AND NOTICES TO BIDDERS, CLAUSE ENTITLED “SUBMISSION OF BIDS”. IT IS THE

BIDDER’S RESPONSIBILITY TO ENSURE THAT BIDS SENT BY COMMERCIAL CARRIER ARE

CLEARLY IDENTIFIED AS CONTAINING A SEALED BID ON THE OUTERMOST ENVELOPE. THIS

INCLUDES, BUT IS NOT LIMITED TO, BIDS SENT VIA: FEDERAL EXPRESS, AIRBORNE

EXPRESS, EXPRESS COURIER SERVICES, INC., EXPRESS MAIL - U.S. POSTAL SERVICE,

UNITED PARCEL SERVICE AND PUROLATOR.

6. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL OPPORTUNITY CLAUSE

WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

7. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE CONTRACT CLAUSE ENTITLED,

“AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION”, WHICH WILL

APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

8. NOTE THE PERFORMANCE AND PAYMENT BOND REQUIREMENT OF THE CONTRACT CLAUSE

“BID GUARANTEE”. A BID BOND, PERFORMANCE BOND AND PAYMENT BOND WILL NOT BE

REQUIRED UNLESS TOTAL BID IS $30,000 OR MORE.

9. SEE SECTION 00 80 00.00 09, SPECIAL CONTRACT REQUIREMENTS, CLAUSE

ENTITLED “COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK”.

10. SEE SECTION 01 00 00.00 09, GENERAL CONTRACT REQUIREMENTS CLAUSE,

ENTITLED, “PAYMENT INVOICES” WHICH WILL APPLY TO THE CONTRACT RESULTING FROM

THIS SOLICITATION. THE FEDERAL ACQUISITION REGULATION REQUIRES THAT THE

“REMIT TO” ADDRESS OF THE INVOICE MATCH THE “REMIT TO” ADDRESS ON THE

CONTRACT OR A PROPER NOTICE OF ASSIGNMENT.

11. MAIL BIDS TO THE VICKSBURG DISTRICT HEADQUARTERS BUILDING, PLANS AND

SPECIFICATIONS ROOM, ROOM 120, 4155 CLAY STREET, VICKSBURG, MISSISSIPPI

39183-3435. BIDS SENT BY COMMERCIAL CARRIER SHALL BE CLEARLY MARKED ON THE

OUTER ENVELOPE AS CONTAINING A “SEALED BID”. BIDS MUST BE RECEIVED PRIOR TO

THE EXACT TIME SET FOR BID OPENING.

12. HAND CARRIED BIDS MUST BE DELIVERED TO THE PLANS AND SPECIFICATIONS

ROOM, ROOM 120, IN THE VICKSBURG DISTRICT HEADQUARTERS BUILDING, 4155 CLAY

STREET, VICKSBURG, MISSISSIPPI 39183-3435. ALL BIDS MUST BE RECEIVED PRIOR TO

THE EXACT TIME SET FOR BID OPENING. NOTE: BIDS DELIVERED LATER THAN 15

MINUTES PRIOR TO THE TIME SET FOR THE BID OPENING SHALL BE DELIVERED DIRECTLY

TO ROOM 103, BID OPENING ROOM, RATHER THAN ROOM 120, THE PLANS AND

SPECIFICATIONS ROOM.

13. BIDS WILL NOT BE ACCEPTED NOR SHALL BIDS BE WITHDRAWN TELEGRAPHICALLY

OR BY ELECTRONIC COMMERCE.

14. IN ACCORDANCE WITH THE PROVISIONS OF SUBPART 36.201 (EVALUATION OF

CONTRACTOR PERFORMANCE) OF THE FEDERAL ACQUISITION REGULATION (FAR),

CONSTRUCTION CONTRACTOR’S PERFORMANCE SHALL BE EVALUATED THROUGHOUT THE

PERFORMANCE OF THE CONTRACT. THE UNITED STATES ARMY CORPS OF ENGINEERS

(USACE) FOLLOWS THE PROCEDURES OUTLINED IN ENGINEERING REGULATION 415-1-17 TO

FULFILL THIS FAR REQUIREMENT. FOR CONSTRUCTION CONTRACTS AWARDED AT OR ABOVE

$100,000.00, THE USACE WILL EVALUATE CONTRACTOR’S PERFORMANCE AND PREPARE A

PERFORMANCE REPORT USING THE CONSTRUCTION CONTRACTOR APPRAISAL SUPPORT SYSTEM

(CCASS), WHICH IS NOW A WEB-BASED SYSTEM. AFTER AN EVALUATION (INTERIM OR

FINAL) IS WRITTEN UP BY THE USACE, THE CONTRACTOR WILL HAVE THE ABILITY TO

ACCESS, REVIEW AND COMMENT ON THE EVALUATION FOR A PERIOD OF 30 DAYS.

ACCESSING AND USING CCASS REQUIRES SPECIFIC SOFTWARE, CALLED PKI

CERTIFICATION, WHICH IS INSTALLED ON THE USER’S COMPUTER. THE CERTIFICATION

IS A DEPARTMENT OF DEFENSE REQUIREMENT AND WAS IMPLEMENTED TO PROVIDE

SECURITY IN ELECTRONIC TRANSACTIONS. THE CERTIFICATION SOFTWARE COULD COST

APPROXIMATELY $110 - $125 PER CERTIFICATE PER YEAR AND IS PURCHASED FROM AN

EXTERNAL CERTIFICATE AUTHORITIES (ECA) VENDOR. CURRENT INFORMATION ABOUT THE

PKI CERTIFICATION PROCESS AND FOR CONTACTING VENDORS CAN BE FOUND ON THE WEB

SITE: http://www.cpars.navy.mil/. IF THE CONTRACTOR WISHES TO PARTICIPATE

IN THE PERFORMANCE EVALUATION PROCESS, ACCESS TO CCASS AND PKI CERTIFICATION

IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR.

15. ELECTRONIC FUNDS TRANSFER (EFT)

PURSUANT TO FAR 52.232-5 AND 52.232-33, ALL PAYMENTS UNDER THIS CONTRACT WILL

BE MADE BY ELECTRONIC FUNDS TRANSFER (EFT). CONTRACTORS ARE REQUIRED TO

COMPLETE FORM: UFC-DISB-4.

THE FORM AND COMPLETION INSTRUCTIONS MAY BE DOWNLOADED FROM THE U. S. ARMY

CORPS OF ENGINEERS FINANCE CENTER AT: HTTP://WWW.FC.USACE.ARMY.MIL (CLICK ON

"DIRECTORATES" AT THE TOP OF THE PAGE, THEN CLICK ON "DIRECTORATE OF

ACCOUNTING OPERATIONS" AND THEN “EFT DIRECT DEPOSIT FORM”)

THE “INSTALLATION EROC” FOR THE VICKSBURG CONSOLIDATED CONTRACTING OFFICE IS

“B4."

16. BID PACKAGE ATTACHMENTS

SECTION 00600, REPRESENTATIONS AND CERTIFICATIONS, ATTACHMENTS 1, CORPORATE

SEAL CERTIFICATES, 2, PAST PERFORMANCE DATA, 3, DESCRIPTION OF CONTRACTOR’S

PLANT, 4, SUBCONTRACTS AND 5, AGENT FOR SUBMITTING SMALL BUSINESS

SUBCONTRACTING PLAN, ARE TO BE COMPLETED (AS APPLICABLE) AND INCLUDED IN THE

BID PACKAGE SUBMITTED BY THE OFFEROR.

17. TECHNICAL INQUIRIES AND QUESTIONS

TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO BE

SUBMITTED VIA BIDDER INQUIRY IN PROJNET AT HTTPS://WWW.PROJNET.ORG . BIDDERS

ARE ENCOURAGED TO SUBMIT QUESTIONS AT LEAST 5 DAYS PRIOR TO BID OPENING IN

ORDER TO ENSURE ADEQUATE TIME IS ALLOTTED TO FORM AN APPROPRIATE RESPONSE AND

AMEND THE SOLICITATION, IF NECESSARY. TO SUBMIT AND REVIEW INQUIRY ITEMS,

PROSPECTIVE VENDORS WILL NEED TO USE THE BIDDER INQUIRY KEY PRESENTED BELOW

AND FOLLOW THE INSTRUCTIONS LISTED BELOW THE KEY FOR ACCESS. A PROSPECTIVE

VENDOR WHO SUBMITS A COMMENT /QUESTION WILL RECEIVE AN ACKNOWLEDGEMENT OF

THEIR COMMENT/QUESTION VIA EMAIL, FOLLOWED BY AN ANSWER TO THE

COMMENT/QUESTION AFTER IT HAS BEEN PROCESSED BY OUR TECHNICAL TEAM.

ALL TIMELY QUESTIONS AND APPROVED ANSWERS WILL BE MADE AVAILABLE THROUGH

PROJNET. APPROVED ANSWERS TO ALL TIMELY QUESTIONS WILL ALSO BE POSTED ON THE

FEDBIZOPS IN THE FORM OF A REPORT GENERATED FROM PROJNET AS SOON AS THE

COMMENT/QUESTION ENTERING PERIOD IS OVER AND ALL ANSWERS ARE ALL FINALIZED.

THE SOLICITATION NUMBER IS: W912EE-16-B-0016

THE BIDDER INQUIRY KEY IS: 5KWSAJ-IN938H

SPECIFIC INSTRUCTIONS FOR PROJNET BID INQUIRY ACCESS:

1. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON QUICK ADD ON THE

UPPER RIGHT SIDE OF THE SCREEN.

2. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.

3. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.

4. EMAIL. ENTER THE EMAIL ADDRESS YOU WOULD LIKE TO USE FOR

COMMUNICATION.

5. CLICK CONTINUE. A PAGE WILL THEN OPEN SAYING THAT A USER ACCOUNT

WAS NOT FOUND AND WILL ASK YOU TO CREATE ONE USING THE PROVIDED FORM.

6. ENTER YOUR FIRST NAME, LAST NAME, COMPANY, CITY, STATE, PHONE,

EMAIL, SECRET QUESTION, SECRET ANSWER, AND TIME ZONE. MAKE SURE TO REMEMBER

YOUR SECRET QUESTION AND ANSWER AS THEY WILL BE USED FROM THIS POINT ON TO

ACCESS THE PROJNET SYSTEM.

7. CLICK ADD USER. ONCE THIS IS COMPLETED YOU ARE NOW REGISTERED

WITHIN PROJNET AND ARE CURRENTLY LOGGED INTO THE SYSTEM.

SPECIFIC INSTRUCTIONS FOR FUTURE PROJNET BID INQUIRY ACCESS:

1. FOR FUTURE ACCESS TO PROJNET, YOU WILL NOT BE EMAILED ANY TYPE OF

PASSWORD. YOU WILL UTILIZE YOUR SECRET QUESTION AND SECRET ANSWER TO LOG IN.

2. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON QUICK ADD ON THE

UPPER RIGHT SIDE OF THE SCREEN.

3. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.

4. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.

5. EMAIL. ENTER THE EMAIL ADDRESS YOU USED TO REGISTER PREVIOUSLY IN

PROJNET.

6. CLICK CONTINUE. A PAGE WILL THEN OPEN ASKING YOU TO ENTER THE

ANSWER TO YOUR SECRET QUESTION.

7. ENTER YOUR SECRET ANSWER AND CLICK LOGIN. ONCE THIS IS COMPLETED

YOU ARE NOW LOGGED INTO THE SYSTEM.

18. PRIOR TO BID OPENING, IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION

PART 14.303 (b) MODIFICATION OR WITHDRAWAL OF BIDS, “A BID MAY BE WITHDRAWN

IN PERSON BY A BIDDER OR ITS AUTHORIZED REPRESENTATIVE IF, BEFORE THE EXACT

TIME SET FOR OPENING OF BIDS, THE IDENTITY OF THE PERSONS REQUESTING

WITHDRAWAL IS ESTABLISHED AND THAT PERSON SIGNS A RECEIPT FOR THE BID.”

THE FOLLOWING STEPS WILL BE REQUIRED BY THE VICKSBURG CONTRACTING OFFICE:

1. CONTRACTOR MUST PRESENT A LETTER VERIFYING THEY ARE A

REPRESENTATIVE OF THE COMPANY.

2. CONTRACTOR MUST SHOW VALID PICTURE ID.

3. VICKSBURG DISTRICT CONTRACTING OFFICE WILL HAVE THE REPRESENTATIVE

SIGN A RECEIPT FOR BID.

GENERAL NOTICES

1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA

AUTHORITY: AUTHORITY: FCA's 1928, 1936, 1938, 1941, 1944, 1946, 1950, 1954, 1962, 1965, 1968, River Basin Monetary Authorization Act of 1971, WRDA

92, WRDA 00

APPROPRIATION: FY 2016 Energy and Water Development Appropriations Bill

FUNDING CITATION: 96X3112

2. NEGOTIATIONS AFTER SEALED BIDDING.

The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation. Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government, the following steps will be followed:

(a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number. The amendment will also make any necessary changes to the scope of the work.

(b) A cover letter signed by the negotiator will accompany the amendment explaining the procedures to be followed during negotiations.

3. BID, PERFORMANCE AND PAYMENT BONDS.

A bid bond is required with bid package. Performance and payment bonds will be required after award. See Section 00100, Clause 52.228-1, BID GUARANTEE, and Section 00700, Clause 52.228-15, PERFORMANCE AND PAYMENT

BONDS – CONSTRUCTION.

4. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS.

The right is reserved, as the interest of the Government may require, to revise or amend the specifications and/or drawings prior to the date set for opening bids. Such revisions or amendments, if any, will be announced by amendment or amendments to this Invitation for Bids. Copies of such amendments as may be issued will be furnished to all prospective bidders. If the revision or amendments are of a nature which require material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the District Engineer will enable bidders to revise their bids. In such case, the amendments will include an announcement of the new date for opening bids.

5. BUSINESS INTEGRITY.

The apparent successful bidder as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

6. CONDITIONS AFFECTING THE WORK.

Bidders should visit the site and take such other steps as may be reasonably 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 will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will 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 Invitation for Bids, the specifications, or related documents.

7. BIDDER'S QUALIFICATIONS.

Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding bidder's previous experience in performing comparable work, bidder's business and technical organization, financial resources, and the plant available to be used in performing the work.

8. SITE OF THE WORK.

Bidders are advised that for purpose of applicability of the Davis-Bacon Act and other contract labor standard provisions, "the site of the work" under the contract to be awarded pursuant to this Invitation may not be limited to the physical place(s) where the construction called for in the contract will remain when work on it has been completed. The "site of the work" may include other adjacent or nearby property used by the Contractor or Subcontractors during such construction. For example, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., will be considered part of the site of the work provided they are dedicated exclusively or nearly so to performance on the contract and are so located in proximity to the actual construction location that it would be reasonable to include them.

9. INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND BONDS.

a. Specifications, Invitation No. W912EE-16-B-0016, Bidding Schedule, Plant and Equipment Schedule, drawings listed in Special Contract Requirements entitled "CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS," Construction Contract Clauses, and Wage Determination Decisions No. MS160186 01/08/2016 MS186 of the Secretary of Labor, are parts of this Invitation.

b. (1) An Offeror (bidder) electing to use individual sureties for either bid guarantees or performance and payment bonds must submit, concurrently with the bonds and required affidavits, a statement of both the business and personal names of the persons and/or brokerages firms through whom the bonds or the guarantees were obtained, together with the address and telephone number of the persons and/or brokerage firms.

(2) Offerors or bidders should note that some individual sureties and brokers of individual sureties have been debarred or suspended from offering themselves or others as sureties to the Government. Offerors or bidders are responsible for ascertaining the current status of their sureties and brokers.

(3) Failure to provide the required information or the submission of bid guarantees obtained from debarred or suspended sureties or brokers may cause rejection of the offer (bid).

10. DEFINITIONS

(a) The term "head of the agency" or "Secretary" as used herein means the Secretary of the Army; and the term "his duly authorized representative" means the Chief of Engineers, Department of the Army, or an individual or board designated by him.

(b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(c) The agency board of contract appeals having jurisdiction over all appeals from final decisions of the Contracting Officer under the Contract Disputes Act of l978 is the Armed Services Board of Contract Appeals, addressed as follows: Recorder, Armed Services Board of Contract Appeals, Skyline 6, 7th Floor, 5109 Leesburg Pike, Falls Church, Virginia 22041-3208.

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

(1) Size Standards for Construction and Special Trades. (a) Construction. A concern is small if its average annual receipts for its preceding 3 fiscal years did not exceed $36.5 million.

(b) Dredging. A concern is small if (1) its average annual receipts for its preceding 3 fiscal years did not exceed $27.5 million, and (2) at least 40 percent of the yardage in the contract's plans and specifications is dredged with equipment owned by the concern or obtained from another small business dredging concern.

ATTACHMENTS

General Decision Number: MS160186 01/08/2016 MS186

General Decision Number: MS160186 01/08/2016 MS186

Superseded General Decision Number: MS20150186

State: Mississippi

Construction Type: Highway

County: Bolivar County in Mississippi.

HIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/08/2016

SUMS2010-005 08/04/2014

Rates Fringes

CARPENTER (Form Work Only).......$ 12.28 0.00

CARPENTER, Excludes Form Work....$ 14.03 0.00

CEMENT MASON/CONCRETE FINISHER...$ 13.13 0.00

ELECTRICIAN......................$ 21.80 7.93

HIGHWAY/PARKING LOT STRIPING:

Truck Driver (Line Striping Truck)...........................$ 14.11 0.00

INSTALLER - GUARDRAIL............$ 11.42 0.00

INSTALLER - SIGN.................$ 11.73 0.00

IRONWORKER, REINFORCING..........$ 16.29 0.00

LABORER: Common or General, Including Asphalt Raking, Shoveling, Spreading and Concrete Work....................$ 11.01 0.00

LABORER: Flagger................$ 11.48 0.00

LABORER: Grade Checker..........$ 11.32 0.00

LABORER: Landscape..............$ 9.77 0.00

LABORER: Mason Tender - Cement/Concrete..................$ 11.08 0.00

LABORER: Pipelayer..............$ 11.34 0.00

LABORER: Laborer-Cones/ Barricades/Barrels - Setter/Mover/Sweeper.............$ 15.15 0.00

OPERATOR: Asphalt Spreader......$ 16.03 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 13.38 0.00

OPERATOR: Broom/Sweeper.........$ 10.77 0.00

OPERATOR: Bulldozer.............$ 11.58 0.00

OPERATOR: Concrete Saw..........$ 12.95 0.00

OPERATOR: Crane.................$ 21.25 0.00

OPERATOR: Distributor...........$ 12.38 0.00

OPERATOR: Drill.................$ 19.22 0.00

OPERATOR: Grader/Blade..........$ 14.44 0.00

OPERATOR: Grinding/Grooving Machine..........................$ 15.94 0.00

OPERATOR: Loader................$ 12.21 0.00

OPERATOR: Mechanic..............$ 15.32 0.00

OPERATOR: Milling Machine.......$ 18.16 0.00

OPERATOR: Oiler.................$ 12.33 0.48

OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 12.69 0.00

OPERATOR: Piledriver............$ 15.13 0.00

OPERATOR: Roller (All Types)....$ 11.48 0.00

OPERATOR: Scraper...............$ 12.96 0.00

OPERATOR: Tractor...............$ 11.46 0.00

OPERATOR: Trencher..............$ 15.00 0.00

TRUCK DRIVER: Flatbed Truck.....$ 12.64 0.00

TRUCK DRIVER: Lowboy Truck......$ 13.80 0.00

TRUCK DRIVER: Mechanic..........$ 14.08 0.00

TRUCK DRIVER: Off the Road Truck............................$ 12.29 0.00

TRUCK DRIVER: Water Truck.......$ 10.89 0.00

TRUCK DRIVER: Dump Truck (All Types)...........................$ 12.00 0.00

TRUCK DRIVER: Semi/Trailer Truck............................$ 15.29 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

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

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

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

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

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

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

(4) The Government has marked the record ``Active''.

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

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

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

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

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

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

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

(End of clause)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (APR 2014)

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

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

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

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

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

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the solicitation.

The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

(End of provision)

52.214-5 SUBMISSION OF BIDS (MAR 1997)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

(d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

(End of provision)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

(End of provision)

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

(End of provision)

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 provision)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of provision)

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

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government…

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