Solicitation 09-B-0017.pdf

W68SBV91914291

ARRA CONSTRUCTION PROJECT: ROAD REPAIR/PAVING AT ICE HARBOR DAM, LITTLE GOOSE DAM, LOWER GRANITE DAM, MILL CREEK

DAM, AND DWORSHAK.

Section 0010, Solicitation/Contract Form Section 00100, Bidding Schedule/Instructions to Bidders Section 00600, Representation and Certif ications Section 00700, Contract Clauses Section 00800, Special Contract Requirements Technical Specifications Draw ings, as listed in Section 00700

X

PHYLLIS L BUERSTATTE 509-527-7211

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

30-Jul-2009

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

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

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section 00700

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________01 Sep 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USAED, WALLA WALLA CONTRACTING DIVISION

PHYLLIS L. BUERSTATTE

201 NORTH 3RD AVE.

WALLA WALLA WA 99362-1876

W912EF

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

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

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

509-527-7802FAX:TEL: 509-527-7211 TEL: FAX:

W912EF-09-B-0017 115

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

ATTENTION TO BIDDERS

Following bid opening, the low bidder will be requested to submit the data referenced below. This will expedite our preaward process and facilitate award of the contract.

BIDDER’S QUALIFICATIONS

1. CURRENT BALANCE SHEET and latest PROFIT AND LOSS STATEMENT prepared from the most recent fiscal year and certified by an officer of the company. The name of your banking firm, telephone number and the name of the individual to contact for a line-of-credit reference

Banking firm_______________________________

Telephone Number _______________________

Person to contact _________________________

2. YEARS EXPERIENCE in the field of proposed work:_________. Also indicate similarity between work currently being produced and work required under subject solicitation.

3. LIST OF PRESENT WORK on hand (year, dollar value, and Firm – including names, addresses, and telephone numbers of project supervisors responsible for inspection and acceptance of the work.)

a. Government Agencies:

b. Others:

c. Will the above work in any way interfere with the satisfactory completion of the proposed work (i.e. equipment, staff, etc)? _______No _______Yes

4. LIST OF PREVIOUS WORK with Government agencies (year, dollar value, and Firm - including names, addresses, and telephone numbers of project supervisors responsible for inspection and acceptance of the work.)

5. PERCENTAGE OF WORK expected to be completed by others (subcontracted) __________%

6. SUBCONTRACTING PLAN, only if expressly required by the solicitation.

7. MATERIAL SAFETY DATA SHEETS for all substances that may be used on the work site (FAR 52.223-3)

8. TAX ID NO. ______________________________________

9. Return this form with all attachments to Walla Walla District, COE, Contracting Division, 201 N. Third Ave., Walla Walla, WA 99362-1876

NPW FL 118 (Rev Jul 2008)

The next page number is 9 of 115.

W912EF-09-B-0017

Section 00100 - Bidding Schedule/Instructions to Bidders

BID SCHEDULE

ARRA MULTIPLE PROJECT ROAD REPAIR/PAVING

Magnitude of construction for all locations combined is between $1,000,000 and $5,000,000

Volume 1

Ice Harbor Project Franklin and Benton County, Washington

Magnitude of construction is between $500,000 and $1,000,000

ITEM

DESCRIPTION

QUANTITY

U/M

U/P

AMOUNT

North Shore Access Road

Estimated 0001 Single Bituminous Surface Treatment 5,925 Sq Yd _______ _________ Estimated 0002 Sealing of Cracks in Asphalt Pavement 5,540 LF _______ _________ Estimated 0003 Asphalt Concrete Pavement Repair 100 Sq Ft _______ _________ Estimated 0004 Pavement Markings 0004AA Pavement Markings 600 LF _______ _________ 0004AB Life Jacket Graphic 1 LS _______ _________

North Shore Access Road SCHEDULE SUB-TOTAL $__________

Charbonneau Park

0005 Single Bituminous Surface Treatment 17,894 Sq Yd _______ _________ Estimated 0006 Sealing of Cracks in Asphalt Pavement 15,900 LF _______ _________ Estimated 0007 Asphalt Concrete Pavement Repair 40 Sq Ft _______ _________ Estimated 0008 Parking Bumper Curbs 85 Each _______ _________ Estimated 0009 Pavement Markings 0009AA Pavement Markings 5,625 LF _______ _________

0009AB Life Jacket Graphic 1 LS _______ _________

Charbonneau Park SCHEDULE SUB-TOTAL $__________

Charbonneau Park Day Use Parking

Optional Items

Estimated 0010 Single Bituminous Surface Treatment 7,533 Sq Yd _______ _________ Estimated 0011 Sealing of Cracks in Asphalt Pavement 5,100 LF _______ _________ Estimated 0012 Asphalt Concrete Pavement Repair 6,000 Sq Ft _______ _________ Estimated 0013 Parking Bumper Curbs 150 Each _______ _________

0014 Pavement Markings 4,000 LF _______ _________

Charbonneau Park Day Use Parking Optional Items SCHEDULE SUB-TOTAL $__________

Fishhook Park

0015 Single Bituminous Surface Treatment 19,745 Sq Yd _______ _________ Estimated 0016 Sealing of Cracks in Asphalt Pavement 9,100 LF _______ _________ Estimated 0017 Asphalt Concrete Pavement Repair 1,500 Sq Ft _______ _________ Estimated 0018 Parking Bumper Curbs 120 Each _______ _________ Estimated 0019 Pavement Markings 0019AA Pavement Markings 7,500 LF _______ _________ 0019AB Life Jacket Graphic 1 LS _______ _________

Fishhook SCHEDULE SUB-TOTAL $__________

Natural Resource Access Road and Parking Lot

0020 Single Bituminous Surface Treatment 4,800 Sq Yd _______ _________ Estimated 0021 Sealing of Cracks in Asphalt Pavement 5,200 LF _______ _________ Estimated 0022 Asphalt Concrete Pavement Repair 50 Sq Ft _______ _________

0023 Pavement Markings 800 LF _______ _________

Natural Resource Access Road and Parking Lot SCHEDULE SUB-TOTAL $__________

South Abutment Visitor Center Parking Lot

0024 Single Bituminous Surface Treatment 3,177 Sq Yd _______ _________ Estimated 0025 Sealing of Cracks in Asphalt Pavement 3,100 LF _______ _________ Estimated 0026 Asphalt Concrete Pavement Repair 50 Sq Ft _______ _________

0027 Pavement Markings 900 LF _______ _________

South Abutment Visitor Center Parking Lot SCHEDULE SUB-TOTAL $__________

Levey Park

0028 Single Bituminous Surface Treatment 14,338 Sq Yd _______ _________ Estimated 0029 Sealing of Cracks in Asphalt Pavement 3,150 LF _______ _________ Estimated 0030 Asphalt Concrete Pavement Repair 1,110 Sq Ft _______ _________ Estimated 0031 Parking Bumper Curbs 80 Each _______ _________ Estimated 0032 Pavement Markings 0032AA Pavement Markings 3,950 LF _______ _________ 0032AB Life Jacket Graphic 1 LS _______ _________

Levey SCHEDULE SUB-TOTAL $__________

Windust Park

0033 Single Bituminous Surface Treatment 9,296 Sq Yd _______ _________ Estimated 0034 Sealing of Cracks in Asphalt Pavement 3,530 LF _______ _________ Estimated 0035 Asphalt Concrete Pavement Repair 440 Sq Ft _______ _________ Estimated 0036 Parking Bumper Curbs 150 Each _______ _________

0037 Pavement Markings 2,400 LF _______ _________

Windust SCHEDULE SUB-TOTAL $__________

ICE HARBOR PROJECT SCHEDULE TOTAL $__________

Volume 2

Little Goose Project Columbia, Whitman and Garfield Counties, Washington

Magnitude of construction is between $250,000 and $500,000

Little Goose Recreation Areas

0038 Single Bituminous Surface Treatment 21,744 Sq Yd _______ _________ Estimated 0039 Sealing of Cracks in Asphalt Pavement 10,900 LF _______ _________ Estimated 0040 Asphalt Concrete Pavement Repair 470 Sq Ft _______ _________ Estimated 0041 Parking Bumper Curbs 30 Each _______ _________

0042 Pavement Markings 1200 LF _______ _________

Little Goose Recreation Areas SCHEDULE SUB-TOTAL $__________

Little Goose Dam

0043 Single Bituminous Surface Treatment 25,403 Sq Yd _______ _________ Estimated 0044 Sealing of Cracks in Asphalt Pavement 10,400 LF _______ _________ Estimated 0045 Asphalt Concrete Pavement Repair 1,850 Sq Ft _______ _________ Estimated 0046 Parking Bumper Curbs 16 Each _______ _________

0047 Pavement Markings 9,100 LF _______ _________

Little Goose Dam SCHEDULE SUB-TOTAL $__________

LITTLE GOOSE PROJECT SCHEDULE SUB-TOTAL $__________

Volume 3

Lower Granite Project Asotin County, Washington and Nez Pierce County, Idaho

Clearwater River Lewiston Levee Bike Path Repair

0048 Asphalt Paving 12,000 Sq Yd _______ _________ Estimated 0049 Sealing of Cracks in Asphalt Pavement 3,750 LF _______ _________

0050 Asphalt Concrete Pavement Repair 2,360 Sq Ft _______ _________

Clearwater River Lewiston Levee Bike Path Repair SCHEDULE SUB-TOTAL $__________

Snake River Greenbelt Segment Paving Repair

0051 Asphalt Paving 16,976 Sq Yd _______ _________ Estimated 0052 Sealing of Cracks in Asphalt Pavement 7,300 LF _______ _________ Estimated 0053 Asphalt Concrete Pavement Repair 390 Sq Ft _______ _________ Estimated 0054 Parking Bumper Curbs 30 Each _______ _________

0055 Pavement Markings 1,400 Sq Ft _______ _________

Snake River Greenbelt Segment Paving Repair SCHEDULE SUB-TOTAL $__________

LOWER GRANITE PROJECT SCHEDULE TOTAL $__________

Volume 4

Mill Creek Project Walla Walla County, Washington

Magnitude of construction is between $25,000 and $100,000

0056 Single Bituminous Surface Treatment 13,100 Sq Yd _______ _________ Estimated 0057 Sealing of Cracks in Asphalt Pavement 8,000 LF _______ _________ Estimated 0058 Asphalt Concrete Pavement Repair 1,200 Sq Ft _______ _________

0059 Pavement Markings 1.500 LF _______ _________

MILL CREEK PROJECT SCHEDULE TOTAL $__________

Volume 5

Dworshak Project Clearwater County, Idaho

Dworshak Reservoir Work Sites

0060 Aggregate Surface Course 63,000 Sq Yd _______ _________

0061 Ditch Cleaning 3,500 LF _______ _________

Dworshak Reservoir Work Sites SCHEDULE SUB-TOTAL $__________

Dworshak Dent Acres Campground Access Road

0062 Single Bituminous Surface Treatment 9,330 Sq Yd _______ _________ Estimated 0063 Sealing of Cracks in Asphalt Pavement 5,000 LF _______ _________ Estimated 0064 Asphalt Concrete Pavement Repair 2,000 Sq Ft _______ _________ Estimated 0065 Ditch Cleaning 3,500 LF _______ _________

0066 Pavement Markings 7,000 LF _______ _________

Dworshak Dent Acres Campground Access Road SCHEDULE SUB-TOTAL $__________

ARRA MUTIPLE PROJECT ROAD REPAIR/PAVING SCHEDULE TOTAL $_____________

LOCAL INSTRUCTIONS

REQUIRED LIABILITY INSURANCE PURSUANT TO FAR 28.306

In accordance with the clause 52.228-5 Insurance – Work on a Government Installation, the Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(i) Coverage complying with state laws governing insurance requirements pertaining to Workmen’s Compensation and Employers” Liability Insurance.

(ii) Bodily injury liability insurance with minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

(iii) Automobile bodily injury and property damage liability with minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury liability; and $20,000 per occurrence for property damage liability shall be required.

INFORMATION TO BIDDERS

OFFERORS are required to complete and submit the Standard Form 1442 Back, Bid Schedule, and Section 00600, Representations and Certifications.

OFFICE PHONES ARE NOT FOR USE BY BIDDERS ON BID OPENING DAY.

TELEGRAPHIC BID MODIFICATIONS. The Walla Walla District does not have in-house capability of receiving telegrams directly. Offerors wishing to modify their bid/proposal by telegram are urged to ensure that telegrams are submitted in sufficient time to allow for arrival via U.S. Postal service at the Walla Walla District office PRIOR to the time specified in the solicitation for receipt of bids/proposals.

FAXED BID MODIFICATIONS WILL NOT BE ACCEPTED.

Bid price alterations, i.e., crossed-out or white-out changes on the bid will not be accepted unless the change (s) is/are initialed by the person authorized to sign bid package.

ENVELOPE(S), PURSUANT TO FAR 14.201-5

Envelope (s) shall be plainly marked with the following information:

Solicitation No. __________________________________ Opening Date ___________________________________ Number of each amendment which has been received

PRICE BASIS

Bidders are advised that only bids submitted on a firm price basis will be considered, and that bids submitted on any other than firm price basis will be rejected. (FAR 14.201-2 (a)) NOTE; Bid prices must include all Federal, state, and local taxes in accordance with Contract Clause: FEDERAL, STATE, AND LOCAL TAXES.

BID QUANTITIES

Bids for less than specified quantities of each item in Section 00100 of the Schedule will not be considered. Failure to submit a unit price for each item where required in the Schedule will be considered as a material deviation from the requirements of the solicitation, and the bid will be rejected. (FAR 14.201-5) The bid schedule is divided into Volumes. Volume 1 is the Ice Harbor Project area; Volume 2 is the Little Goose Project area; Volume 3 is the Lower Granite Project area; Volume 4 is the Mill Creek Project area; and Volume 5 is the Dworshak Project area. A bidder may offer a bid on one or more Volumes; however, the bidder must submit a price for all line items, including optional line items, of the Volume(s) for which the bidder is submitting its bid.

MULTIPLE AWARD

Multiple award(s) may result from this solicitation if the Contracting Officer determines it is economically advantageous to the Government. Award will be made by Volume of the bid schedule. Award will not be made for portions of a Volume (with the exception of unexercised optional items, which may be exercised after contract award, in accordance with the terms of FAR Clause 52.217-7, Option for Increased Quantity—Separately Priced Line Item.)

BID OPENING

The bid opening will be held at the Walla Walla District Headquarters Building located at 201 North Third Avenue, Walla Walla, Washington. (See Block 13 on Standard Form 1442.)

EXTENT OF SMALL DISADVANTAGED BUSINESS CONCERN PARTICIPATION IN

SUBCONTRACTING.

If a large business is selected for this contract, it must comply with FAR 52.219-9, Small Business Subcontracting Plan, regarding the requirement for a subcontracting plan on the portion of the work it intends to subcontract. The agency subcontracting goals are: a minimum of 70.0 percent of the Contractor’s intended subcontract amount be placed with small businesses, including 6.2 percent with small disadvantaged businesses; a minimum of 7.0 percent of the intended subcontract amount shall be placed with woman-owned small businesses; a minimum of 9.8 percent with HUBZone small businesses; a minimum of 3.0 percent with veteran-owned small businesses; and a minimum of 0.9 percent placed with service-disabled veteran-owned small businesses.

SUBCONTRACTING PLAN

See Section 00700, Federal Acquisition Regulation Clause 52.219-9, Small Business Subcontracting Plan. For information on the evaluation of subcontracting plans, see Army Federal Acquisition Regulation Supplement, Appendix DD. Agency subcontracting goals are contained in the Section 00100 provision entitled, “Extent of Small Disadvantaged Business Concern Participation in Subcontracting.”

BIDDER INQUIRY:

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

To access the ProjNet-Bidsm website for the first time:

1.) Click the Bid tab 2.) Click Bidder Inquiry. (The Agency is USACE.)

3.) Enter the following information for access:

a.) The Bidder Inquiry Key: 6CLHJK-CBOCE8 b.) Valid business contact information (e.g. Company name, contact person, business address, phone number and email address). (Required on first project only) c.) Establish a secret question and answer which will be used as a password. (Required on first project only) d.) For subsequent access use your email address, the Bid Inquiry Key and response to the secret question to access the ProjNet-Bidsm Module.

4.) Submit questions or review questions and answers. A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

5.) For specific step-by-step for POSTING YOUR INQUIRIES, see the Reference link on the Contract Viewer.

6.) For questions about the ProjNet-Bidm, please contact the Call Center help desk toll free at 1-800-428-HELP, which operates from 8AM to 5PM (Central US time zone). ProjNet-Bidsm questions can also be emailed to the helpdesk at staff@rcesupport.com.

All bidders will be held to have reviewed the questions and responses in ProjNet-Bidsm prior to bid submission.

Nothing is changed in the solicitation unless an amendment is issued.

CLAUSES INCORPORATED BY REFERENCE

52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-22 Evaluation Of Bids For Multiple Awards MAR 1990 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005

CLAUSES INCORPORATED BY FULL TEXT

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

https://www.projnet.org/projnet/ mailto:staff@rcesupport.com

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

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed-price contract resulting from this solicitation.

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

Asotin County, WA 3.0% Benton County, WA 3.5% Columbia County, WA 3.0% Franklin County, WA 3.5% Garfield County, WA 3.0% Walla Walla County, WA 3.5% Whitman County, WA 3.0% Clearwater County, ID 3.0% Nez Perce County, ID 4.0%

6.9% nationwide

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 Asotin, Benton, Columbia, Franklin, Garfield, Walla Walla, and Whitman Counties, Washington; and Clearwater and Nez Perce Counties, Idaho.

52.225-22 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED

GOODS—BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAR 2009)

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act 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 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act 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) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of 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 52.225-21, 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 cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 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 52.225-21 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 Walla Walla District Corps of Engineers, Attention: Contracting Division, 201 North Third Ave, Walla Walla, WA 99362.

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for each location, as follows:

All times are local time.

LOCATION DATE TIME PARTICIPANTS WILL MEET AT:

Mill Creek

17 Aug

2pm Mill Creek Project Office 3211 Reservoir Rd Walla Walla, WA 99362

Ice Harbor

18 Aug

9am Windust Park See Volume 1, Sheets C-101 and C-405

Little Goose

19 Aug

9am Little Goose Dam, south shore parking area See Volume 2, Sheets C-101, C-401, and C-402

Lower Granite

19 Aug

2pm Clarkston Resource Office 100 Fair Street Clarkston, WA 99403

Dworshak

20 Aug

9am Dworshak National Fish Hatchery, visitor’s parking lot 4147 Ahsahka Rd Ahsahka, ID 83520

There will be only one site visit offered per location. Bidders planning to attend must register for the site visit at the following website: http://www.nww.usace.army.mil/apps/csvr

Firms must register no later than the day before the site visit.

Site visit attendees must be prepared to give the following information: (1) Name of company being represented; (2) Number of people in the party; and (3) The name of each individual planning to attend.

Each individual must have 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 called ahead of time and/or without picture identification, that individual may not be allowed on the project.

Participants of scheduled site visit must abide by the U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1, latest version) in accordance with Section 5, “Personal Protective and Safety Equipment.” It is the responsibility of the participants to wear personal protective and safety equipment as required by this regulation. Failure to comply could result in denial of access to site visit location.

The latest version of EM 385-1-1 is available online at:

http://www.usace.army.mil/CESO/Documents/EM385-1-1FINAL.pdf

The ACCESS FOR FOREIGN NATIONALS clause applies to site visits as well as to performance of the work.

http://www.nww.usace.army.mil/apps/csvr http://www.usace.army.mil/CESO/Documents/EM385-1-1FINAL.pdf

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://farsite.hill.af.mil

Section 00600 - Representations & Certifications

252.204-7007 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (52.204-8) ALTERNATE A

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $33,500,000.00.

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

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

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeroris currently registered in CCR, and has completed the ORCA electronically, the offerormay choose to use paragraph (b) 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 (c) applies.

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

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) Web site at https://orca.bpn.gov/.

After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically 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/DFARS clause No. 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 ORCA.

(End of Provision)

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST

COUNTRY (JAN 2009)

(a) "Definitions."

As used in this provision --

(a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof.

(2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria.

(3) "Significant interest" means --

(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as a director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtness of a firm.

(b) "Prohibition on award."

In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense.

(c) "Disclosure."

If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary.

The disclosure shall include --

(1) Identification of each government holding a significant interest; and

(2) A description of the significant interest held by each government.

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-13 Time Extensions SEP 2000 52.214-26 Audit and Records--Sealed Bidding MAR 2009 52.214-27 Price Reduction for Defective Cost or Pricing Data -

Modifications - Sealed Bidding

OCT 1997

52.214-28 Subcontracting Cost Or Pricing Data--Modifications--Sealed Bidding

OCT 1997

52.215-11 Price Reduction for Defective Cost or Pricing Data-- Modifications

OCT 1997

52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997 52.215-21 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data--Modifications

OCT 1997

52.219-8 Utilization of Small Business Concerns MAY 2004 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 (Dev) Payrolls and Basic Records (Deviation) FEB 1988 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998

52.222-37 Employment Reports On Special Disabled Veterans, Veterans SEP 2006 Of The Vietnam Era, and Other Eligible Veterans

52.222-50 Combating Trafficking in Persons FEB 2009 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-6 Drug-Free Workplace MAY 2001 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets FEB 1992 52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995 52.228-14 Irrevocable Letter of Credit DEC 1999 52.228-15 Performance and Payment Bonds--Construction NOV 2006 52.229-3 Federal, State And Local Taxes APR 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2008 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items MAR 2009 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-34 F.O.B. Destination NOV 1991

52.248-3 Value Engineering-Construction SEP 2006 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (May 2004) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.215-7000 Pricing Adjustments DEC 1991 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7012 Preference For Certain Domestic Commodities DEC 2008 252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.242-7004 Material Management And Accounting System NOV 2005 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.244-7000 Subcontracts for Commercial Items and Commercial

Components (DoD Contracts)

JAN 2009

252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause)

52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS (MAR

2009)

(a) Definitions. As used in this clause—

Contract, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards;

job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

First-tier subcontract means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

Jobs created means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act).

This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Jobs retained means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Total compensation means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) ( FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d…