W912EF-09-R-0065.pdf

US Army Corps of Engineers Request for Proposal Walla Walla District W912EF-09-R-0065

Solicitation For Construction:

Lower Monumental Navigation Lock Lift Gate Replacement

September 2009 Contracting Division

W68SBV92376399

American Recovery and Reinvestment Act of 2009 (ARRA) Project

CONSTRUCTION PROJECT: LOWER MONUMENTAL NAVIGATION LOCK LIFT GATE REPLACEMENT

Section 00010, Solicitation Contract Form Section 00100, Bidding Schedule/Instructions to Bidders Section 00600, Representations and Certif ications Section 00700, Contract Clauses Section 00800, Special Contract Requirements Wage Determination Technical Specifications Draw ings as listed in Section 00700

JANI C LONG 509-527-7209

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

22-Sep-2009

(RFP)

(IFB)

X

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 _________________________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 __________4 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________22 Oct 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 is, X 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 DIV.

JANI C. LONG

201 NORTH 3RD AVE

WALLA WALLA WA 99362-1876

W912EF

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

04:00 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: 509-527-7209 TEL: FAX:

W912EF-09-R-0065 100

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

W912EF-09-R-0065

Section 00100 - Bidding Schedule/Instructions to Bidders

BID SCHEDULE

American Recovery and Reinvestment Act of 2009 (ARRA)

Lower Monumental Navigation Lock Lift Gate Replacement

Magnitude of construction is between $10,000,000 and $25,000,000

ITEM

DESCRIPTION

QUANTITY

U/M

U/P

AMOUNT

SUPPLY CLINS

0001 Fabricate Navigation Lock Lift Gate

(below elevation 451.7) - NTP 1

1 LS XXXXX $________

0002 Fabricate (elevation 451.7 and above) and Deliver Navigation Lock Lift Gate -

NTP 2

1 LS XXXXX ________

CONSTRUCTION CLIN

0003 Onsite Construction 1 LS XXXXX ________

SCHEDULE TOTAL $__________

GOVERNMENT ACCEPTANCE OF THE GATE

Inspection and acceptance of the navigation lock lift gate will be in accordance with FAR 52.246-2 and FAR 52.246-12 for final acceptance of the gate when installed, tested and fully operational in accordance with Section 05 50 50.00 28 Vertical Lift Gate.

REQUIRED LIABILITY INSURANCE (APR 1984) (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.

(iv) The coverage required under Longshoremen and Harbor workers Compensation Act.

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: SLC1JX-7TY487 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 sent out.

PROPOSAL INSTRUCTIONS AND EVALUATION FACTORS

A. BASIS FOR AWARD

The objective is to award to an offeror who gives the greatest confidence that it will affordably meet the requirements.

The award will be made based on the best overall (i.e. best value) proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to two evaluation factors: Current and Past Performance and Price.

RELATIVE ORDER OF IMPORTANCE

The evaluation factors are listed below in order of relative importance. Current and Past Performance is slightly more important than price. To receive consideration for award, an overall rating of “Acceptable” must be achieved. Offerors are cautioned that the award may not necessarily be made to the lowest price offer.

B. FACTORS AND SUBFACTORS TO BE EVALUATED

FACTOR I – CURRENT AND PAST PERFORMANCE

FACTOR II – PRICE

C. 1 Evaluation Plan for FACTOR I, CURRENT AND PAST PERFORMANCE

The goal of this factor is to evaluate the relative risks associated with an Offeror's likelihood to perform the solicitation requirements as indicated by the offeror's record of relevant current and past performance.

Relevant current and past performance is defined as current or past performance as documented in Table I and Table II of this section, and is performance that is the same as or similar to the work and complexity required in the solicitation.

a) The Government will conduct a performance assessment of the offeror and its major subcontractors based on the currency and relevance of the information, source of the information, context of the data, and general trends in the offeror’s performance as it relates to the probability of successful accomplishment of the required efforts. Major subcontractors (Table II) are defined as fabricators and heavy lift contractors. These efforts include all aspects of schedule, performance and customer support, and the Offeror’s record of (1) conforming to specifications and standards of good workmanship; (2) adherence to contract schedules, including the administrative aspects of performance; (3) ability to resolve technical and manufacturing problems quickly and effectively; (4) businesslike concern for the interest of its customers; (5) establishing and maintaining adequate management of major subcontractors, to include those that are AISC Level III certified; and (6) extent of participation of small businesses in performance of the contract and/or past performance of offerors in complying with the requirements of the clause FAR 52.219-8, Utilization of SB concerns.

b) Offerors are cautioned that in evaluating current and past performance (to include the performance risk assessment), the Government may use data provided in the offeror's proposal and data obtained from other sources. Since the Government may not necessarily interview all of the sources provided by the Offerors, it is incumbent upon the Offerors to explain the relevance of the data provided. Offerors are reminded that while the Government may elect to consider data obtained from other sources, the burden of proving low performance risk rests with the Offerors. The Government will base its evaluation of the elements on information received from Offerors, offeror's former customers, business associates, Federal, State, and local government agencies, and electronic databases [e.g., Past Performance Information Retrieval System (PPIRS)].

c) The lack of a relevant performance record may result in an unknown performance risk assessment, which will be used neither to the advantage or disadvantage of the offeror.

Offerors are advised to:

(1) Record all references and projects in the tables in Section 00100 and provide the Customer

Satisfaction Survey link to each reference included in the tables.

(2) These tables may be a source of information to contact the references and request additional information regarding the offeror.

(3) Individuals may be listed more than once if they have specific experience with more than one project.

The evaluations they provide will be specific to the project listed.

C.2 Evaluation Plan for FACTOR II – PRICE

The Government will evaluate offers for award purposes using the Government estimate for comparison and evaluation. The Government will evaluate offers for award purposes by reviewing individual contract line items (CLINs) and evaluating the total of all CLIN prices proposed in Section 00100 – Bidding Schedule/Instructions to Bidders.

D. PROPOSAL SUBMISSION

Any costs related to proposal preparation and submission will not be reimbursed by the Government.

a. Format

Submit each copy of the proposal in a 3-ring binder with a “D” ring or locking closures. Each copy must include the Offeror’s name and address, title, and number of the solicitation clearly identified on the front cover of the binder.

Each binder containing the proposal is expected to include a table of contents and a summary section that contains a brief abstract of the information being presented.

If the materials do not fit within a single binder, they should be separated in additional binders, but all must be clearly identified.

Separate the information by using tabs within the binders. Label the tabs to identify the factor intended for evaluation.

Pages containing text are expected to be 8 ½ x 11 inches with at least one-inch margins at the top, bottom, and both sides. Larger format drawings or tables may be added by folding them to fit within the binder.

Paragraphs should be separated by at least one blank line. A standard 12-point font in either Arial or Times New Roman fonts are required. Tables and illustrations may use a reduced font size not less than 8-point and the layout may be landscape.

Submit the price proposal information in the same binder, clearly marked with tabs.

b. Content Requirements

To reduce proposal size, the Offeror must confine the proposal to relevant information and documentation sufficient to provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of the proposal.

The evaluation panel for the Government is instructed to evaluate the non-price proposal factors on the basis of the information provided. Extraneous information provided in the proposals will not be considered in the evaluations; therefore, the offeror should only provide information that satisfies the solicitation requirements.

DO NOT cross reference past performance information. It is acceptable to repeat data, project information or experience in more than one non-price area as long as it satisfies the requirements of the factor.

Proprietary information must be clearly marked.

FACTOR I – CURRENT AND PAST PERFORMANCE

The Government will use data provided by listed references or customers and other data sources to evaluate the offeror and major subcontractor relevant current and past performance.

The offeror shall provide references as described in Section 00100 and provide completed Table I and completed Table II (if applicable).

References or customers listed in Tables I and II will complete and submit the “Evaluation of Contractor/Vendor Performance” questionnaire available at:

http://www.surveymonkey.com/s.aspx?sm=ciAsTdcrsTULyiAqi_2bAzrg_3d_3d Right click on your mouse and select “open hyperlink” or cut and paste to your web browser to access the survey.

The references or customers shall complete the questionnaire by using the on-line survey monkey only.

Offerors, please strongly encourage your references or customers to complete the on-line survey prior to the date proposals are due.

FACTOR II – PRICE

The price proposal shall include the following:

(1) Completed, signed and dated Standard Form 1442 (Solicitation, Offer, and Award)

(2) Section 00100 – Completed Bid Schedule (Pricing Information for all CLINs)

(3) Representations and Certifications in Section 00600

(4) Contract Administration Data

d. Proposal Submission

Binder Content Number of Copies

One 3-ring binder Factor I, Factor II and Original + 5 Copies for each copy Factor III Documents

Proposals must be received at the address in Block 7 of the SF 1442 no later than 4:00 p.m. on October 22, 2009.

Notes:

TABLE I - O F F E R O R - (Factor I: Current and Past Performance Reference Listing)

Reference # Required data (see notes) Major Subcontractors utilized under this project

Reference Name:

Position or Job Title:

Customer/Company:

Phone number:

Email:

Project Title:

Project Description (same or similar work – complexity, to this requirement, e.g., AISC Level III Certification, with Fracture-Critical Endorsement (F) required)

Project Start Date:

Project Completion (or estimated completion):

2 Repeat data above for each reference provided.

Etc…

(1) Record all references or customers for each listed project that is sent a Customer Satisfaction Survey Link.

(2) This table will be a source of information to contact the references and verify evaluations of the offeror for the projects listed if information beyond that provided through the customer satisfaction survey link is needed.

(3) Individuals may be listed more than once if they have specific current or past performance with more than one project. The evaluations they provide must be specific to the project listed.

Notes:

(1) Record all references or customers for each listed project that is sent a Customer Satisfaction Survey Link.

(2) This table will be a source of information to contact the references and verify evaluations of the offeror for the projects listed if information beyond that provided through the customer satisfaction survey link is needed.

TABLE II - S U B C O N T R A C T O R (S) - (Factor I: Current and Past Performance Reference Listing)

Reference # Required data (see notes)

Prime Contractor under which this major subcontractor performed

Reference Name:

Position or Job Title:

Customer/Company:

Phone number:

Email:

Project Title:

Project Description (same or similar work – complexity, to this requirement, e.g., AISC Level III Certification, with Fracture-Critical Endorsement (F) required)

Project Start Date:

Project Completion (or estimated completion):

2 Repeat data above for each reference provided.

Etc…

(3) Individuals may be listed more than once if they have specific current or past performance with more than one project. The evaluations they provide must be specific to the project listed.

The survey included as the following 6 pages is provided for information purposes only. Your reference/customer must complete the survey using the link below.

http://www.surveymonkey.com/s.aspx?sm=ciAsTdcrsTULyiAqi_2bAzrg_3d_3d

Do not send the survey by paper copy. The survey must be completed electronically.

Lower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift Gate

The information you provide will NOT be provided to the vendor or contractor being evaluated.

You are being asked to respond to this survey because a vendor or contractor has listed you as a reference to be contracted regarding a potential U.S. Government procurement. Please provide your candid responses. The information you provide will be used in evaluation of potential contractors.

Therefore, it is important that your responses be as factual, accurate and complete as possible to preclude the need for follow-up by the evaluators. Please complete this survey questionaire within 3 business days.

If you feel this request has reached you in error, please contact Jani Long at 509-527-7209 or Kathy Mooney at 509-527-7214.

Thank You

* = response required

1. Please provide the name of the vendor or contractor being evaluated:

2. For the Vendor or Contractor listed in the previous question, please indicate;

Evaluation of Contractor/Vendor Performance

Current vendor/contractor company name (if known):

Name of the vendor/contractor company name at the time the work was conducted:

Referenced Contract or

Project Name:

Year the project was completed:

Other comments or clarifications:

The company was the prime/general contractor for the project nmlkj

The company was a subcontractor for the project

I'm not sure of the companies role on the project

Lower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift Gate

3. Reference Identification. Please provide your contact information below.

4. Indicate your level of confidence as a reference for the listed vendor and project:

When responding to this questionaire, all of the questions below should address the project referenced above only.

5. Provide the approximate cost or price (U.S. dollars) of the referenced project:

Name:

Title:

Date:

Telephone number

FAX number:

Company name:

Company Address:

E-mail address:

Evaluation

I was intimately involved with the project

I was somewhat involved with the project

I was involved on a limited basis with the project

Other (please specify) less than $1 million between $1 million and $5 million between $5 million and $15 million more than $15 million

Lower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift Gate

6. Offerors Record of Conforming to Specifications and Standards of Good Workmanship

7. Adherence to Contract Schedules, including the Adminstrative Aspects of Performance.

Excellent - Consistently exceeded expectations/requirements

Good - Met and sometimes exceeded expectations/requirements

Acceptable - Consistently met expectations/requirements

Marginal - Sometimes failed to meet expectations/ requirements (explain)

Poor - Consistently failed to meet expectations/requirements (explain)

Explanation

Lower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift Gate

8. Ability to resolve technical and manufacturing problems quickly and effectively

9. Business-like Concern for its Customers' Interest.

Lower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift Gate

10. Establishing and Maintaining Adequate Management of Subcontractors

11. Did the contract have small business opportunities and/or small business goals and if so, were goals met?

12. Recommendation

There were no small business opportunities for the referenced project.

There were small business opportunities, and the goals were partially met.

There were small business opportunities, and the goals were fully met.

There were small business opportunities, and the goals were exceeded.

It is unknown to me whether small business opportunities were available or met.

Yes - If given the opportunity, I would choose to work with this Contractor/Subcontractor again, highly recommended nmlkj

Yes - If given the opportunity, I would choose to work with this Contractor/Subcontractor again, with some reservations nmlkj

No - If given the opportunity, I would NOT choose to work with this Contractor/Subcontractor again - not recommended

Please explain choice or provide additional comments if desired

Lower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift GateLower Monumental Downstream Navigation Lock Lift Gate

13. Overall Satisfaction

14. General Comments. Provide any other relevant Performance information:

15. Other Information Sources. Please provide the following information:

Are you aware of other relevant past efforts by this vendor or company?

If yes, please provide the name and telephone number of a point of contact.

CLAUSES INCORPORATED BY REFERENCE

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

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) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(l) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)

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

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

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

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

3.6% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Lower Monumental Lock and Dam, Walla Walla County, Washington.

52.225-24 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED

GOODS—BUY AMERICAN ACT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAR

2009)

(a) Definitions.

“Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “Recovery Act designated country 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 Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-23).

(b) Requests for determination 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 FAR clause 52.225-23 in the request. If an offeror has not requested a determination regarding the inapplicability of section 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, other than Recovery Act designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-23, the offeror also may submit an alternate offer based on use of equivalent domestic or Recovery Act designated country 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 FAR clause 52.225-23 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 FAR clause 52.225-23 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or Recovery Act designated country construction material, and the offeror shall be required to furnish such domestic or Recovery Act designated country 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

U.S. Army Corps of Engineers Walla Walla District Contracting Division 201 North 3rd Avenue Walla Walla, Washington 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-- Wednesday, October 7, 2009 at 10:00 a.m.

(c) Participants will meet at-- The north shore guard station

There will be only one site visit offered. 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.hq.usace.army.mil (At the HQ homepage, select Safety and Occupational Health.)

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

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/ http://www.acquisition.gov/far/index.html http://hydra.gsa.gov/far/current/html/toc.html

(End of provision

Section 00600 - Representations & Certifications

252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

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 237990.

(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].