W912EF-10-B-0015 LoMo Monolilth 15 Wall Repair.pdf

W68SBV02115404

CONSTRUCTION: LOWER MONUMENTAL NAVLOCK CONCRETE REPAIR Unrestricted competition

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 Technical Specif ications 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

17-Sep-2010

(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 specif ied in Item 8 by ___________ local time ______________19 Oct 2010 (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 DIV.

PHYLLIS L. BUERSTATTE

201 N. THIRD AVENUE

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-10-B-0015 39

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

Please provide the following information to expedite award of the contract.

QUALIFICATIONS

1. Current Balance Sheet and latest Profit and Loss Statement prepared from the most recent fiscal/calendar year and certified by an officer of the company.

2. The name of your banking institution, telephone number and the name of the individual to contact for a line-of-credit reference.

Bank Institution ________________________________ Telephone Number ______________________________ Contact ________________________________________ Email Address __________________________________

3. Tax Identification Number ________________________

4. Years of experience (in the field of the proposed work).

Indicate similarity of work currently under way to work required for this project.

5. List of present work to include agency or firm name, address, telephone number, and email address of primary point of contact responsible for inspection and acceptance of the work. (Attach list)

6. List of previous work to include agency or firm name, address, telephone number and email address of primary point of contact responsible for inspection and acceptance of the work. (Attach list)

7. Percentage of work under this contract to be subcontracted. ________ %.

Return completed form with all attachments to:

Walla Walla District Corps of Engineers, 201 North Third Avenue, Walla Walla, WA 99362-1876.

NPW FL 118 (Rev Oct 2009)

W912EF-10-B-0015

Section 00100 - Bidding Schedule/Instructions to Bidders

BID SCHEDULE

Lower Monumental Navlock Monolith 15 Wall Repair Phase 2

Magnitude of the Construction Project is Between $1,000,000 and $5,000,000.

Unrestricted Competition

ITEM

DESCRIPTION

QUANTITY

U/M

U/P

AMOUNT

0001 Instrumentation Removal 1 LS XXXXX $________

0002 Concrete Removal 300 EST CY $_______ $________

0003 Grout Horizontal and Vertical Cracks 1 LS XXXXX $________

0004 Concrete Wall Repair from Elevation

421.0’ to 440.0’

190 EST CY $_______ $________

0005 Reinforcing Steel and Rock Anchor

Systems (materials only)

1 LS XXXXX $________

TOTAL OF ALL BASE ITEMS: $_________

OPTIONAL ITEMS

0006 Concrete Wall Repair from Elevation

440.0’ to 460.0’

1 LS XXXXX $________

SCHEDULE TOTAL FOR BASE + OPTIONAL ITEMS: $__________

EST = estimated quantity

The purpose for this contract is the demolition and replacement of concrete on the face of monolith 15, Lower Monumental Lock and Dam. All work on the monolith MUST be accomplished no later than 2359 hours, 13 February 2011 without exception.

The contractor will be required to maintain daily coordination with the Contracting Officer’s Representative (COR)as work is also being done on the downstream gate of Spillway Bay #2 that will put numerous constraints on the contractor performing this contract.

The Government intends to complete all concrete wall repairs to elevation 460.0’, but determination on the exercise of the option will depend on the contractor’s ability to complete CLIN 0002, and demonstrate its capability to complete preparation at elevation 421.0’ and complete concrete repair work to elevation 460.0’ in the time allowed.

OPTIONAL ITEMS – Optional CLIN 0006 is included to accomplish concrete wall repair to elevation 460.0’ within the timelines of this contract. The Government intends to exercise optional CLIN 0006 upon the satisfactory completion of CLIN 0002 (Concrete Removal), and completion of a joint Government/Contractor inspection to determine the condition of the base and the contractor’s ability to complete all base and optional item work no later than 13 February 2011. The Government reserves the right, at its sole discretion, to exercise or not exercise optional CLIN 0006.

If the Government exercises optional CLIN 0006 under the terms of the contract and the Contractor does not accomplish the wall repair to elevation 460.0’, the Government will not pay the lump sum price of CLIN 0006. Instead, the parties will negotiate a reduced lump sum price based on the work completed.

LOCAL INSTRUCTIONS

NOTE: Funds are not currently available for this project. See Section 00700, FAR Clause 52.232-18, Availabililty of Funds (APR 1984).

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.

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

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 BIDS, 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)

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:

Bidder/Offeror Solicitation Questions:

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/offerors to post questions regarding the solicitation and view all questions by others 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: 2WR39V-LKY9C7

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 secret question and answer which will be used as a password. (Required on first project only) https://www.projnet.org/projnet/�

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 than available for all other bidders to review.

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

6) For questions about the ProjNet-Bidsm, 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.

NOTICE: No response will be posted to inquiries after Close of Business (4:30 PM Pacific Standard Time) five (5) calendar days before bids or proposals are due. The purpose for this Bidder Inquiry cutoff is to insure bidders/offerors have time to prepare and submit bids or proposals so as to reach the Government office designated in the solicitation by the time specified in the solicitation. All bidders/offerors will be held to have reviewed the questions and responses in Bidder Inquiry prior to bid or proposal submission.

A reasonable time for prospective bidders/offerors to prepare and submit bids/proposals is allowed, consistent with the needs of the Government. Amendments will be posted before the time bids or proposals are due. Before amending a solicitation, the period of time remaining until bids or proposals are due and the need to extend this period will be considered. Amendments will be issued in sufficient time to permit all prospective bidders/offerors to consider such information in submitting or modifying their bids or proposals. 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 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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

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

(1) Obviously misplaced decimal points will be corrected;

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

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

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

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

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

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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 Walla Walla County, Washington, near the city of Kahlotus, WA.

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB

2009)

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

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American 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 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of 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) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from US Army Engineer District, Walla Walla, Attn: CONTRACTING DIVISION, 201 N. Third Avenue, Walla Walla, WA 99362-1876.

(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-- October 5, 2010 at 10:00 a.m., local time

(c) Participants will meet at the North shore guard station at Lower Monumental Lock & Dam.

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

The ACCESS FOR FOREIGN NATIONALS requirement in Section 00800 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.nww.usace.army.mil/apps/csvr� http://www.usace.army.mil/CESO/Documents/EM385-1-1FINAL.pdf� http://farsite.hill.af.mil/�

Section 00600 - Representations & Certifications

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

Terrorist Country

JAN 2009

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

(d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

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

252.204-7007 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (52.204-8) ALTERNATE A (MAY 2010)

(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 average annual receipts.

(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 in this solicitation, paragraph (d) of this provision applies.

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

(__) Paragraph (d) applies.

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

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

(Contracting Officer check as appropriate.)

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration

Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business

Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

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

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

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Certification.

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated

Products (Alternate I only).

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

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

(d) The offeror has completed the annual representations and certifications electronically via the 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)

Section 00700 - Contract Clauses

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 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

52.209-8 Updates of Information Regarding Responsibility Matters APR 2010 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

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications

OCT 1997

52.219-8 (DEV) Utilization of Small Business Concerns (DEVIATION) MAY 2004 52.219-9 Alt I Small Business Subcontracting Plan (Jul 2010) Alternate I OCT 2001 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-25 (DEV) Small Disadvantaged Business Participation Program--

Disadvantaged Status and Reporting (DEVIATION)

APR 2008

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 Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JAN 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 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 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 SEP 2009 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 Alt I Disputes (Jul 2002) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of Work by the Contractor APR 1984 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 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts 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 52.244-2 Subcontracts JUN 2007

52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items JUN 2010 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 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 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) APR 2007 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements MAY 2010 252.222-7999 (Dev) Additional Requirements and Responsibilities Restricting the

Use of Mandatory Arbitration Agreements (Deviation)

FEB 2010

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 JUN 2010 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7033 Rights in Shop Drawings APR 1966 252.231-7000 Supplemental Cost Principles DEC 1991 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 252.236-7013 Requirement for Competition Opportunity for American Stell

Producers, Fabricators, and Manufacturers

JAN 2009

252.242-7004 Material Management And Accounting System JUL 2009 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)

AUG 2009

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

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than the dates listed below:

The navigation lock outage at Lower Monumental commences at 6:00 a.m. on 10 December 2010. The navigation lock will be un-watered no later than 6:00 a.m. on 13 December 2010. The navigation lock shall remain un-watered until the end of the lock outage (10 March 2011).

Contractor may mobilize once the required submittals have been accepted and approved by the Government. On-site work for Instrumentation Removal (CLIN 0001) may commence on 29 November 2010. All other on-site work may commence on 13 December 2010 after 6:00am.

(1) The Contractor shall complete CLIN 0001 and CLIN 0002 not later than 31 December 2010.

(2) The Contractor shall complete all work not later than 13 February 2011 for all base and any exercised optional items.

(3) The Contractor shall complete final cleanup and demobilization by not later than 15 calendar days after completion of work in subparagraph (c) (1) above.

(4) The Contractor shall complete final submission of working “as-built” contract drawings (see Section 01 11 01.00

28) and final approved versions of Contractor prepared drawings (see Section 01 33 00) by not later than 30 calendar days after completion of work in subparagraph (c) (1) above.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $3,389.00 for each calendar day of delay until the work in subparagraph (c)(2) of FAR Clause 52.211-10, COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK, is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the performance of the numbered line…