A22.SOW_REFERENCE_2_CONTRACT_SPECIFICATIONS.pdf

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Rice Lake Pump Repairs & MCC Evaluation Federal contract opportunity
Solicitation number
W912EK19T0038
Issued by
Department of the Army Corps of Engineers Engineering District Rock Island

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Invitation for Bid No. W912EK-11-B-0011

Rice Lake Habitat Rehabilitation and Enhancement, Stage I

Illinois Waterway, LaGrange Pool, Fulton County, Illinois

Construction Solicitation and Specifications

July 2011

US Army Corps of Engineers Rock Island District

Project Table of Contents Page 1

PROJECT TABLE OF CONTENTS

SECTION TITLE

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

COVER PAGE

PROJECT TABLE OF CONTENTS

00010 SOLICITATION, OFFER, AND AWARD, SF 1442

SCHEDULE OF PRICES

00100 BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

00600 REPRESENTATIONS & CERTIFICATIONS

00700 CONTRACT CLAUSES

00 01 15 LIST OF DRAWINGS

00 73 05 SPECIAL CONTRACT REQUIREMENTS

00 73 46 WAGE RATES

GENERAL DECISION NUMBER IL100014

GENERAL DECISION NUMBER IL100018

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 22 00 MEASUREMENT AND PAYMENT

01 32 01.00 14 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

SUBMITTAL REGISTER

TRANSMITTAL FORM FOR SUBMITTALS

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

ATTACHMENT A – ACTIVITY HAZARD ANALYSIS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 02 QUALITY CONTROL SYSTEM (QCS)

01 45 04 CONTRACTOR QUALITY CONTROL

ATTACHMENT A - PREPARATORY PHASE CHECKLIST

ATTACHMENT B - INITIAL INSPECTION CHECKLIST

ATTACHMENT C - CONSTRUCTION QUALITY CONTROL MANAGEMENT

REPORT

01 50 00 TEMPORARY CONSTRUCTION FACILITIES

01 56 11 PROTECTION AND DEWATERING

01 57 20 ENVIRONMENTAL PROTECTION

ATTACHMENT A - ANALYTICAL PARAMETERS

ATTACHMENT B - SELF DECLARATION FORM

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

01 58 05 BULLETIN BOARD, PROJECT SIGN, AND PROJECT SAFETY SIGN

01 62 35 RECYCLED/RECOVERED MATERIALS

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 02 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

DIVISION 02 Not Used.

DIVISION 03 - CONCRETE

03 11 14 FORMWORK FOR CONCRETE

03 15 14 EXPANSION, CONTRACTION AND CONSTRUCTION JOINTS AND

WATERSTOPS

03 15 15 CONCRETE AND ANCHOR BOLTS

Project Table of Contents Page 2

PROJECT TABLE OF CONTENTS (continued)

SECTION TITLE

DIVISION 03 – CONCRETE (continued)

03 20 01 CONCRETE REINFORCEMENT

03 31 00 CAST-IN-PLACE STRUCTURAL CONCRETE

03 40 00.00 10 PLANT-PRECAST CONCRETE PRODUCTS FOR BELOW GRADE

CONSTRUCTION

03 40 45.00 14 PRECAST CONCRETE JERSEY BARRIERS

DIVISION 04 - MASONRY

04 20 00 MASONRY

DIVISION 05 – METALS

05 05 23 WELDING, STRUCTURAL

05 12 00 STRUCTURAL STEEL

05 30 00 STEEL DECKS

05 40 00 COLD FORM METAL FRAMING

05 50 13 MISCELLANEOUS METAL FABRICATIONS

05 52 00 METAL RAILINGS

DIVISION 06 Not Used.

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 22 00 ROOF AND DECK INSULATION

07 60 00 FLASHING AND SHEET METAL

07 61 14.00 20 STEEL STANDING SEAM ROOFING

DIVISION 08 - OPENINGS

08 11 13 STEEL DOORS AND FRAMES

08 91 00 METAL WALL LOUVERS

DIVISION 09 - FINISHES

09 97 02 PAINTING: HYDRAULIC STRUCTURES

DIVISIONS 10 THROUGH 21 Not Used.

DIVISION 22 – PLUMBING

22 11 23.00 10 SUBMERSIBLE PUMP, AXIAL-FLOW AND MIXED FLOW TYPE

DIVISIONS 23 – HEATING, VENTILATING, AND AIR CONDITIONING

23 09 33.00 40 ELECTRIC AND ELECTRONIC CONTROL SYSTEM FOR HVAC

23 34 23 HVAC POWER VENTILATORS

23 82 46 ELECTRIC HEATER UNITS

Project Table of Contents Page 3

PROJECT TABLE OF CONTENTS (continued)

SECTION TITLE

DIVISIONS 24 AND 25 Not Used.

DIVISION 26 – ELECTRICAL

26 00 00.00 20 BASIC ELECTRICAL MATERIALS AND METHODS

26 20 00 INTERIOR DISTRIBUTION SYSTEM

26 24 19.00 40 MOTOR CONTROL CENTERS

26 41 01.00 10 LIGHTNING PROTECTION SYSTEM

26 51 00 INTERIOR LIGHTING

DIVISIONS 27 THROUGH 30 Not Used.

DIVISION 31 – EARTHWORK

31 00 00 EARTHWORK

31 10 10 OVERFLOW SPILLWAY CONSTRUCTION IN THE WET

31 11 00 CLEARING AND GRUBBING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 23 COMPACTED GRANULAR SURFACING

32 92 19 SEEDING

DIVISION 33 - UTILITIES

33 40 01 STORM DRAINAGE

33 41 00 STEEL PIPE AND FITTINGS FOR DISCHARGE PIPING

33 71 02.00 20 UNDERGROUND ELECTRICAL DISTRIBUTION

DIVISION 34 Not Used.

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 16.54 ALUMINUM BULKHEAD, STOPLOGS, AND APPURTENANCES

35 20 19.00 12 VENT BUTTERFLY VALVES

35 20 23 DREDGING

35 31 19 STONE PROTECTION (BEDDING STONE AND RIPRAP)

ATTACHMENT A – RIPRAP GRADATION CURVES

ATTACHMENT B – RIPRAP GRADATION TALLY CHART

DIVISIONS 36 THROUGH 39 Not Used.

DIVISION 40 - PROCESS INTEGRATION

40 95 00 PROCESS CONTROL

DIVISIONS 41 THROUGH 49 Not Used.

-- End of Project Table of Contents –-

96514711252612

Rice Lake Habitat Rehabilitation and Enhancement, Stage I, Illinois Waterw ay, LaGrange Pool, Fulton County, Illinois The w ork includes, but is not limited to: clearing and grubbing, discharge channel excavation, w ater control structures, overf low spillw ay embankment using w et and dry material, natural spillw ay repairs, reinforced concrete outlet structure, pre-cast concrete box culvert, reinforced concrete discharge structure, reinforced concrete pump station and w ing w alls on steel H-piles, masonry pump station control building, three submersible pumps, motors, motor control center, granular surfacing of parking areas and access roads, stone protection (bedding stone and riprap), mechanical dredging, and seeding.

Competitive 8(a) set aside limited to 8(a) concerns in the follow ing regions: Region V and Region VII.

NAICS Code: 237990 Small Business Size Standard: $33.5 million Estimated Range: $5,000,000 to $10,000,000 Completion Days: 800 calendar days Bid bonds must be submitted on form SF24.

Questions regarding this project shall be submitted at https://acquisition.army.mil/asfi/sol_list.cfm?pContractOfcID=139 and must be submitted 7 days prior to closing date of solicitaiton.

X

JENNIFER MACK 309-794-5733

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

29-Jul-2011

(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 _______15 calendar days and complete it w ithin ________800 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10

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 __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________29 Aug 2011 (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

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

1500 ROCK ISLAND DRIVE

ROCK ISLAND IL 61201

W912EK

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)

--- --- ---- REF BLOCK 18A)FAX:TEL: 309-794-5613 (INVOICES TEL: FAX:

W912EK-11-B-0011 129

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

W912EK-11-B-0011

Section 00010 - Solicitation Contract Form

Rice Lake Habitat Rehabilitation and Enhancement, Stage I, Illinois Waterway, LaGrange Pool, Fulton County, Illinois

SCHEDULE OF PRICES

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Mobilization and Demobilization

1 LS XXXXXXXXXX $

0002 Temporary Field Office

0003 Telephone Bills for Temporary Field Office

0003AA First 1,000.00 Dollars

1,000 DL $ $

0003AB Over 1,000.00 Dollars

100 DL $ $

0004 Clearing, Grubbing, and Stripping

0005 Demolition of Existing Water Control Structures

0006 Dredging/Excavating Pump Station Intake

0007 Electrical Service

0008 Pump Station and Control Building Electrical Work

0009 Pump Station and Wing Walls

0009AA Concrete Mud Slab and Bedding

0009AB Reinforced Concrete

0009AC Submersible Pumps, Discharge Tubes and Appurtenances

0009AD Miscellaneous Metal Fabrications

0009AE Steel H-Piles 1 LS XXXXXXXXXX $

0010 Pump Station Control Building

0010AA Reinforced Concrete

0010AB Masonry

0010AC Roof Assembly

0010AD Steel Door, Stairs, and Handrail

0010AE Control Building Mechanical

0011 Precast Concrete Box Culvert

224 LF $ $

0012 Pump Station Discharge Structure

0013 Discharge Channel Excavation

0013AA First 75,000 Cubic Yards

75,000 CY $ $

0013AB Over 75,000 Cubic Yards

12,000 CY $ $

0014 24-Inch Diameter Water Control Structure

4 EA $ $

0015 48-Inch Diameter Water Control Structure

6 EA $ $

0016 Spillway Embankment, Wet Material Placement

0016AA First 16,000 Cubic Yards

16,000 CY $ $

0016AB Over 16,000 Cubic Yards

3,000 CY $ $

0017 Spillway Embankment, Dry Material Placement

0017AA First 16,000 Cubic Yards

16,000 CY $ $

0017AB Over 16,000 Cubic Yards

3,000 CY $ $

0018 Outlet Structure

0018AA Reinforced Concrete

0018AB Grating

0018AC Handrails

0018AD Aluminum Stoplogs

0018AE Aluminum Slide Gate

0019 Granular Surfacing

0019AA First 900 Tons

900 TN $ $

0019AB Over 900 Tons

150 TN $ $

0020 Pump Station Access Road Swing Gate

0021 Stone Protection – Bedding Stone

(RR-1)

0021AA First 500 Tons

500 TN $ $

0021AB Over 500 Tons

100 TN $ $

0022 Stone Protection - Riprap (RR-4)

0022AA First 600 Tons

600 TN $ $

0022AB Over 600 Tons

120 TN $ $

0023 Stone Protection - Riprap (RR-5)

0023AA First 700 Tons

700 TN $ $

0023AB Over 700 Tons

140 TN $ $

0024 Concrete Jersey Barriers

0024AA First 110 Linear Feet

110 LF $ $

0024AB Over 110 Linear Feet

20 LF $ $

0025 Seeding 1 LS XXXXXXXXXX $

TOTAL OF ESTIMATED AMOUNTS

(ITEM NOS. 0001 THROUGH 0025, INCL.)

CF = CUBIC FEET CY = CUBIC YARDS DL = U.S. DOLLARS

EA = EACH GA = GALLONS LF = LINEAR FEET

LS = LUMP SUM SF = SQUARE FEET SY = SQUARE YARDS

TN = TONS

PLEASE ENSURE THAT ALL UNIT PRICE AND AMOUNT

LINES HAVE BEEN COMPLETED.

DEPARTMENT OF THE ARMY

ROCK ISLAND DISTRICT, CORPS OF ENGINEERS

CLOCK TOWER BUILDING - P.O. BOX 2004

ROCK ISLAND, ILLINOIS 61204-2004

REPLY TO

ATTENTION OF http://www.mvr.usace.army.mil

PREBID MEETING NOTICE

A PREBID MEETING WILL BE HELD ON 09 AUGUST 2011, AT 10:00 AM. THE PRE-

BID MEETING WILL BE HELD AT RICE LAKE STATE FISH & WILDLIFE AREA,

ADMINISTRATION BUILDING, 19721 N. US 24, CANTON, ILLINOIS 61520.

THE MEETING IS TO DISCUSS THE RICE LAKE HABITAT REHABILITATION

AND ENHANCEMENT PROJECT, STAGE I, ILLINOIS WATERWAY, LAGRANGE

POOL, FULTON COUNTY, ILLINOIS, INVITATION FOR BID NO. W912EK-11-B-

0011, AND TO PROVIDE AN OPPORTUNITY FOR CONTRACTORS TO VISIT THE

SITE. OFFERORS ARE ENCOURAGED TO ATTEND THIS PREBID MEETING.

DUE TO THE POTENTIAL CONDITIONS ON THE NON-PUBLIC ROADS, A FOUR

WHEEL DRIVE VEHICLE IS RECOMMENDED.

MAKE ARRANGEMENTS AT LEAST 24 HOURS PRIOR TO THE MEETING WITH

MR. JEFF SCUKANEC.

Mr. Jeff Scukanec, Area Engineer U.S. Army Corps of Engineers Eastern Area Office 926 SW Adams Street, Suite 110 Peoria, IL 61602 Telephone Number: 309-637-1321, ext. 6802 (Collect calls not accepted.)

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

MVR.01

SPECIAL NOTICE TO CONTRACTORS

If you plan on attending the Bid Opening, please enter the Clock Tower Building through the main door (south side) and register with the receptionist. You will then be directed to the location of the bid opening.

PLEASE BE ADVISED, THE CLOCK TOWER BUILDING IS LOCATED ON ROCK ISLAND ARSENAL

WHICH IS A SECURE U.S. ARMY INSTALLATION. ACCESS TO THE INSTALLATION CANNOT

BE GUARANTEED.

_Offerors are cautioned that due to the heightened security measures being taken on Rock Island Arsenal, access for proposal/bid/quote delivery will take significantly more time. Despite this, offerors are responsible for ensuring that their proposals/bids/quotes arrive prior to the scheduled closing time.

_Visitor Requirements: Enter through Moline Illinois Gate, have valid motor vehicle operator’s license, valid photo identification, vehicle registration, proof of liability insurance, and a POC (Rock Island District POC for those delivering proposals/bids/quotes is: Contracting Division – telephone 309/794- 5613 or 309/794-5628)

_Vehicles are subject to search. Foreign nationals must be approved at least two weeks in advance by Rock Island Arsenal Security. Clarification or additional information regarding access to Rock Island Arsenal should be addressed to Rock Island Arsenal Security – telephone 309/782-6116.

_Hand carried bids, proposals or quotes should be delivered through the main door (south side) of the Clock Tower Building and checked with the Corporate Communications Office who will contact the Contracting Division for pick up.

_Bids, proposals or quotes should be addressed to:

Rock Island District Corps of Engineers Attn: Contracting Division (reference solicitation #) 1500 Rock Island Dr.

Rock Island, IL 61201

MVR.02

QUESTION AND ANSWER WEBSITE

Questions must be submitted via the Army Single Face to Industry website at:

https://acquisition.army.mil/asfi/solicitation_search_form.cfm

Once a solicitation has been successfully posted to the ASFI, the ASFI provides industry with the ability to submit questions about the solicitation. The Solicitation View page provides access to solicitation questions and answers.

Within the ‘footer’ on the Solicitation View’ page a ‘Post a New Question’ link provides access to the Question Entry page. The industry user must provide a valid Central Contractor Registration (CCR) CAGE code to submit a question. If an email address is provided, the user will be notified when an answer to the question is published.

The ability to submit questions is available to industry up to seven (7) days prior to the Closing (or Response) Date established by the solicitation/amendment. If a solicitation is posted to the ASFI with a Closing Date less than seven days away, the Question capability is not available.

MVR.04

a. All USACE, Rock Island District, Rock Island, IL solicitations and awards are distributed on the Federal Business Opportunities web site, (FedBizOps) www.fbo.gov.

b. USACE, Rock Island District, Rock Island, IL solicitations and awards are no longer available in hard copy or CDs. Solicitations, specifications and plans and all other documents are available on www.fbo.gov

c. Please refer to clause 52.214-5. Bid Bonds must be submitted on SF24.

(a) Bids and bid amendments shall be submitted in sealed envelopes or packages

(1) Addressed to the office specified in the solicitation; and

(2) Showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

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

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

(d) Facsimile bids, modifications, or withdrawals, will not be considered.

(e) Bids submitted by electronic commerce will not be considered.

d. Bid Abstracts will be posted at www.fbo.gov

e. Electronic Notice of Award/Notice to Unsuccessful Offerors.

(1) Vendors will be notified if they receive an award as a result of this solicitation and must provide their electronic mail address in the space provided below. A PDF version of the contract award will be provided to the awardee by electronic mail.

(2) Notice of award to unsuccessful offerors shall be issued only via the Federal Business Opportunities (FedBizOps) www.fbo.gov or electronic mail. Vendors, who wish to receive an electronic mail notice, if they are unsuccessful, must provide an electronic mail address in the space provided below.

PLEASE PROVIDE CONTRACTORS ELECTRONIC MAIL ADDRESS:

f. If you have questions or need assistance using ASFI please refer to the ASFI BRS Users Guide or email ASFI at ASFI@conus.army.mil.

g. If you have questions regarding the content of any specific solicitation, please email the contract specialist.

(End of Provision)

52.211-5000 EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)—EFARS

Item Nos 0003, 0013, 0016, 0017, 0019, 0021, 0022, 0023, and 0024 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

(End of clause)

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

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

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

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

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

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

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

52.214-5 SUBMISSION OF BIDS (MAR 1997)

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

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

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

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

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

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

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

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

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

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING (JAN 1986)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and (e) the specifications.

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

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

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

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

dollars shall be rejected.

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 statement)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

3.3% 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 Fulton County, Illinois.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent (20%) of the bid price or $3 million, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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 Rhonda Johanson, District Contracting Chief.

(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)

(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) Site visits may be arranged during normal duty hours by contacting:

Jeff Scukanec, Area Engineer Eastern Area Office U.S. Army Corps of Engineers 926 SW Adams Street, Suite 110 Peoria, IL 61602 Telephone No.: 309/637-1321, ext. 6802

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(1)Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(2)If equipment costs have been allocated to a contract using predetermined rates , those charges will be adjusted to actual costs.

(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205-11).

(5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of Clause)

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

COUNTRY (JAN 2009)

(a) "Definitions."

As used in this provision --

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

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

(3) "Significant interest" means --

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

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

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

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

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

(b) "Prohibition on award."

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

(c) "Disclosure."

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

The disclosure shall include --

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

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

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

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

(1) Foreign person means any person (including any individual, partnership, corporation, or other form of association) other than a United States person.

(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.

(3) United States person is defined in 50 U.S.C. App. 2415(2) and means--

(i) Any United States resident or national (other than an individual resident outside the United States who is employed by other than a United States person);

(ii) Any domestic concern (including any permanent domestic establishment of any foreign concern); and

(iii) Any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern.

(b) Certification. If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it--

(1) Does not comply with the Secondary Arab Boycott of Israel; and

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. 2407(a) prohibits a United States person from taking.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $33.5 million.

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

(b)(1) If the 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 $150,000.

(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. This provision applies to all solicitations.

(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification. This provision applies to all solicitations.

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

------(A) Basic.

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

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

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

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

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

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

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

------ (A) Basic.

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

------(viii) 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) website at http://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 that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

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

(End of Provision)

Section 00600 - Representations & Certifications

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of…

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