W912ES-09-R-0009.pdf

SOLICITATION NO. W912ES-09-R-0009

EMERGENCY OPERATIONS

RED RIVER OF THE NORTH

CASS COUNTY, NORTH DAKOTA

CONSTRUCTION

DOCUMENTS FOR

REMOVAL OF EMERGENCY LEVEES

FARGO, ND

APRIL 2009

US Army Corps of Engineers St. Paul District

W81G6791047707

2009 Flood - Red River of the North Removal of Emergency Levees in Fargo, ND

The w ork consists of providing all labor, equipment and materials for the removal and proper disposal of emergency levees from the areas indicated in the included documents.

This solicitation is being procured under both the Small Business Administration Reauthorization Act (Public Law 105-135) and the Robert T.

Stafford Disaster Relief and Emergency Assistance Act, (Public Law 100-707). Only f irms residing in Historically Underutilized Business Zones (HUBZones) that are w ithin the included counties of FEMA-1829 DR and 1830 DR Disaster Declarations are eligible to submit proposals. Proposals w ill only be accepted by companies meeting these requirements.

The estimated order of magnitude is betw een $1,000,000 and $5,000,000.

The North American Industry Classif ication System (NAICS) code is 237990 w ith a small business size standard of $33.5 million.

CONRAD BAKER 651-290-5422

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

16-Apr-2009

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

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

11. The Contractor shall begin performance w ithin _______1 calendar days and complete it w ithin ________21 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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 __________0 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________20 Apr 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

USACE - ST. PAUL�

190 5TH STREET E

ST. PAUL MN 55101

W912ES

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour) Sealed envelopes containing offers

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

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

651-290-5706FAX:TEL: 651-290-5425 TEL: FAX:

W912ES-09-R-0009 36

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

W912ES-09-R-0009

Section 00 10 00 - Solicitation Contract Form

Please Note:

Performance and payment bonds will not be required prior to the commencement of work. Proposals must include a letter from the surety company stating that the proposed price is within your company’s capacity to obtain performance and payment bonds. Bonds will be required within 5 days of commencement of work. No payments will be made under this contract until the contractor provides satisfactory performance and payment bonds to the contracting officer.

SCHEDULE OF PRICES

Clay Dikes North of I-94

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Riverwood-N of Cty 20

0002 1 Lump Sum Red River Addition-Cty 20

To 37th Ave N

0003 1 Lump Sum Contingency dike on 37th Ave N

10th St to Broadway

0004 1 Lump Sum Wastewater Plant (37th Ave N

And Broadway) earth dikes

0005 1 Lump Sum Edgewood Entrance Road

0006 1 Lump Sum Clay Dike on 32nd Ave N and

Eagle & at Lilac and 29th Ave N

0007 1 Lump Sum Elm St-18th to N. Woodland Dr

0008 1 Lump Sum N Woodland Dr-Elm St to blvds

0009 1 Lump Sum Ridgewood boulevards

0010 1 Lump Sum 15th Ave N-Elm to 3rd St

0011 1 Lump Sum 14th Ave N-Elm to 3rd St

0012 1 Lump Sum North side of Birnamwood/Elm Circle

0013 1 Lump Sum Oak St-8th to 11th Ave N

0014 1 Lump Sum Contingency dike-Elm S/Oak St

S Terrace to 8th Ave N

0015 1 Lump Sum Contingency Dike-Short Street

North to South Terrace

0016 1 Lump Sum City Hall Dike

0017 1 Lump Sum High Rise dike on 2nd St

0018 1 Lump Sum Water Treatment Plant-

4th St and 13th Ave S

0019 1 Lump Sum Lindenwood Drive-3rd St

To Lindenwood

Clay dikes-South of I-94 and East of I-29

0020 1 Lump Sum Southwood Addition-between houses

North of Southwood Drive

0021 1 Lump Sum Southwood Dr to 32nd Ave S/

Villa Maria-

0022 1 Lump Sum 32nd Ave S south through

Lemke park/on Park road

0023 1 Lump Sum Contingency Dike-River Drive-

35th Ave S towards 11th St

0024 1 Lump Sum

11th St to 37th Ave S

0025 1 Lump Sum

37th Ave S to 40th Ave S

0026 1 Lump Sum S Univ-40th to Rose Coulee/

WDAY antannae

0027 1 Lump Sum S. Univ-Rose Coulee to

64th Ave S

0028 1 Lump Sum South of 64th Ave S-Univ to

18th St-West End

0029 1 Lump Sum South of 64th Ave S-25th St

To Drain 53

0030 1 Lump Sum 64th Ave S-Drain 53 to Maple

Valley Entrance

0031 1 Lump Sum 52nd Ave S-East of Univ and north of old Convent

0032 1 Lump Sum River Villi (KLJ)-section

Hauled in

0033 1 Lump Sum River Villi (KLJ)-dig and

Dump areas

0034 1 Lump Sum Contingency-Rose Creek Parkway

0035 1 Lump Sum Rose Creek crossing at 25th St

0036 1 Lump Sum Timberline Contingency dike

On 32nd St

0037 1 Lump Sum Timberline ditch cut offs

0038 1 Lump Sum Hectors land north to 52nd Ave S

0039 1 Lump Sum Frontier Dike

0040 1 Lump Sum Copperfield Court

0041 1 Lump Sum Silverleaf

0042 1 Lump Sum Stonebridge area-north side

0043 1 Lump Sum Ulteig area-north side

0044 1 Lump Sum South side Drain 27-I-29

To 40th Ave S

0045 1 Lump Sum Ditch blocks on I-29

Clay Dikes west of I-29

0046 1 Lump Sum Ditch blocks on I-29

0047 1 Lump Sum Drain 27-I-29 to 42nd St north side

0048 1 Lump Sum Drain 27-I-29 to 42nd St south side

0049 1 Lump Sum Drain 27-42nd to 45th-north side

0050 1 Lump Sum Drain 27-42nd to 45th St-south side

0051 1 Lump Sum Drain 27-45th St to 40th Ave N-north side

0052 1 Lump Sum Drain 27-45th St to 40th Ave N-south side

0053 1 Lump Sum Drain 27 40th to 44th Ave S-west side

0054 1 Lump Sum Drain 27-40th to 44th ave S-east side

0055 1 Lump Sum Drain 27-44th Ave S to retention

Ponds west side

0056 1 Lump Sum Drain 27-44th Ave S to retention

Ponds east side

0057 1 Lump Sum Drain 27-retention ponds to 52nd west side

0058 1 Lump Sum Drain 27-retention ponds to 52nd east side

0059 1 Lump Sum Frontage Road-west side I-29-

58th to 64th Ave S

0060 1 Lump Sum 58th Ave S-I-29 to 42nd St

0061 1 Lump Sum 58th Ave S-Brants property around farmstead

0062 1 Lump Sum 58th Ave S42nd St to 45th St

0063 1 Lump Sum 52nd Av S-45th to Drain 27

0064 1 Lump Sum 52nd Ave S at Drain 27 storm lift station

0065 1 Lump Sum 52nd Ave S-Drain 27 to west

Total Price for Items No. 0001 through 0065:_________________

Section 00 10 00 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.215-4005 Preparation and Evaluation of Proposals (Construction)

1. REQUIREMENTS

(A) All proposals must be submitted on the schedule of prices contained in this solicitation, with past performance information attached.

(b) Only one proposal will be evaluated for each offeror. Alternate methods of accomplishing the work required by this solicitation will not be evaluated.

(c) Award of the work will be on an “All or None” basis.

(d) Award will be made to the lowest priced, technically acceptable proposal

2. CONTENT OF PROPOSAL

Offerors that do not propose to perform all of the work required by the solicitation will not be considered.

3. EVALUATION FACTORS

The evaluation factors and significant subfactors are listed below. It is intended that proposals be evaluated, and award made, without discussions with the offerors (other than discussions conducted for purpose of minor clarification(s)), unless discussions are determined to be necessary. Failure to submit mandatory information for a factor, indicated by the word shall, will result in a rating of “unacceptable” for that factor, and the offer will be ineligible for award unless the contracting officer decides to hold discussions and includes the offeror in the competitive range. Requested information, indicated by the word should, is not mandatory, but missing, incomplete, or ambiguous information may result in a rating of “unacceptable” for that factor. Price, will be evaluated first. Past Performance will be evaluated last.

a. Pricing

Offerors shall complete and submit the price schedule with their proposal and include a price for each line item, including subtotals and totals. Failure to do so will result in the proposal being rejected without further consideration. Award will be made to the lowest priced, technically acceptable proposal. A firm must only submit one proposal.

Lowest price will be determined by adding all of the line items. Failure to submit a price for any of the items on the price schedule will make a firm ineligible for award.

The Source Selection Evaluation Board (SSEB) will evaluate each offeror’s price in terms of unbalancing and for potential performance risks. The Contracting Officer, or the Contracting Officer’s designee, will evaluate each offeror’s price in accordance with FAR 15.404-1 to determine price reasonableness. In this context, reasonableness will be determined by comparing offered prices to one another, to the government estimate, and to pricing for previous work of a similar nature

b. Past Performance

Offerors’ past performance is a measure of the degree to which an offeror was successful on projects of similar scope, size, and complexity, as measured by the level of past customer satisfaction. It is also a measure of the degree to which an offeror has complied with Federal, State, and local laws and regulations. The Government’s assessment of past performance will be subjective and based mainly on offeror reputations with customers and other sources. The Government will evaluate the information/performance data provided by offerors, plus the Government may obtain information from other sources, such as Government databases.

In the event an offeror submits fewer than three past performance references, the offeror must certify that additional past performance information is not available for the offeror and provide an acceptable explanation as to why.

1. Offerors shall submit a list of at least three but no more than five performance references for work performed since 2001 by the offeror. If more than five past performance references are submitted, only the five most recent projects will be considered. If less than three past performance references are submitted, they will be evaluated, and the lack of the requested number of projects will not be evaluated favorably or unfavorably for this factor provided the offeror certifies that additional past performance information is not available and provides an acceptable explanation as to why additional past performance is not available.

a. The past performance reference must have been a client, or client representative, with whom the offeror/sub-contractor had a contract, or subcontract (if applicable) for one or more projects.

b. The past performance reference must hold, or have held at the time, a senior position in the client organization with responsibilities for either contract administration, quality control, engineering, or technical supervision, or was otherwise in a position to evaluate the offeror or sub-contractor’s performance in executing the contract or subcontract. The past performance reference must have first-hand knowledge of the performance.

c. The past performance reference must have a current, valid phone number they can be reached at during normal business hours, a fax number, and must be able to speak, read, and write in the English language. If available, include an e-mail address.

d. Offerors may include information on problems encountered on the identified projects and the corrective actions taken by the offeror or sub-contractor to resolve the problems.

2. The Government may contact any or all of the past performance references provided by the offerors to collect and evaluate past performance information, as well as information obtained from any other sources, when evaluating an offeror’s past performance. The evaluation will take into account past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirements when such information is available and relevant to the instant acquisition.

3. In case of an offeror without a record of relevant past performance, or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably. If the government is unable to reach an individual past performance reference within a reasonable time, this will be treated as “past performance information not available,” and will not be evaluated favorably or unfavorably.

4. The past performance factor will receive a rating of “acceptable” or “unacceptable” based on its entirety. Collected past performance information will be rated “acceptable” if it reflects performance that met contractual requirements. The contractual performance of a particular element or sub-element may contain some minor problems for which corrective actions taken by the offeror were satisfactory.

******NOTE – ALTERNATE PROPOSALS WILL NOT BE REVIEWED OR CONSIDERED FOR AWARD.

52.216-1 Type of Contract (Apr 1984)

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

(End of provision)

STAFFORD ACT CLAUSES

52.226-3 DISASTER OR EMERGENCY AREA REPRESENTATION (NOV 2007)

(a) Set-aside area. The area covered in this contract are the included counties of FEMA-1829 DR and 1830 DR Disaster Declarations.

(b) Representations. The offeror represents that it __ does __ does not reside or primarily do business in the designated set-aside area.

(c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months—

(1) The offeror had its main operating office in the area; and

(2) That office generated at least half of the offeror’s gross revenues and employed at least half of the offeror’s permanent employees.

(d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include—

(1) Physical location(s) of the offeror’s permanent office(s) and date any office in the set-aside area(s) was established;

(2) Current state licenses;

(3) Record of past work in the set-aside area(s) (e.g., how much and for how long);

(4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area;

(5) Percentage of the offeror’s gross revenues attributable to work performed in the set-aside area;

(6) Number of permanent employees the offeror employs in the set-aside area;

(7) Membership in local and state organizations in the set-aside area; and

(8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements.

(e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation.

52.226-4 NOTICE OF DISASTER OR EMERGENCY AREA SET-ASIDE (NOV 2007)

(a) Set-aside area. Offers are solicited only from businesses residing or primarily doing business in the included counties of FEMA-1829 DR and 1830 DR Disaster Declarations. Offers received from other businesses shall not be considered.

(b) This set-aside is in addition to any small business set-aside contained in this contract.

(End of clause)

52.226-5 RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY AREA (NOV

2007)

(a) Definitions. The definitions of the following terms used in this clause are found in the Small Business Administration regulations at 13 CFR 125.6(e): cost of the contract, cost of contract performance incurred for personnel, cost of manufacturing, cost of materials, personnel, and subcontracting.

(b) The Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the Contractor or employees of other businesses residing or primarily doing business in the area designated in the clause at FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The Contractor or employees of other businesses residing or primarily doing business in the set-aside area shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials;

(3) General construction. The Contractor will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area; or

(4) Construction by special trade Contractors. The Contractor will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area.

(End of clause)

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 31.101 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

Contracting Officer U.S. Army Corps of Engineers 190 Fifth Street East, Suite 401 St. Paul, Minnesota 55101

(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 by contacting:

U.S. Army Corps of Engineers 1500 13th Ave E West Fargo, ND 58078 612-741-7203

Collect calls not accepted.

CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

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

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB 2009)

ALTERNATE I (MAY 2002)

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

252.204-7004 CENTRAL CONTRACTOR REGISTRATION (52.204-7) ALTERNATE A (SEP 2007)

Section 00 60 00 - Representations & Certifications

REPRESENTATIONS/CERTIFICATIONS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009) DFARS 252.204-7007

ALTERNATE A (FEB 2008)

(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:

[ ] (i) Paragraph (d) applies.

[ ] (ii) 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:

__ (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) website 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 # 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.

REPRESENTATIONS & CERTIFICATIONS INCORPORATED BY REFERENCE

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

COUNTRY (JAN 2009)

Section 00 70 00 - Contract Clauses

CONTRACT CLAUSES

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within 1 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 21 days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 -- Liquidated Damages – Construction. (Sept 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 $4550.00 for each calendar day of delay until the 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.

(End of Clause)

52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988)(DEVIATION 2009-O0001)

(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(b)(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g, the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is available for this purpose from the Wage and Hour Division Web site at http//www.dol.gov/esa/whd/forms/wh347inst.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon requires to the Contracting Officer, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the Contracting Officer.

(2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify--

(i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (b)(2) of this clause.

(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

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

0.5% 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 Fargo ND, 52.236-1 Performance of Work by the Contractor (Apr 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 25 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.252-2 Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far/index.html (FAR);

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html (DFARS);

http://www.usace.army.mil/CECT/Pages/EFARS.aspx (EFARS).

(End of clause)

CONTRACT CLAUSES INCORPORATED BY REFERENCE

52.202-1 DEFINITIONS (JUL 2004)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES. (JUL 1995)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (JAN 1997)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP

2007)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 1999)

52.219-3 NOTICE OF TOTAL HUBZone SET-ASIDE (JAN 1998)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME

COMPENSATION. (JUL 2005)

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

52.222-6 DAVIS-BACON ACT (JUL 2005)

52.222-7 WITHHOLDING OF FUNDS (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)

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES

(DEC 2004)

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (JAN 2005)

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)

52.228-11 PLEDGES OF ASSETS (FEB 1992)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (OCT 1995)

52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (NOV 2006)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

52.232-17 INTEREST (OCT 2008)

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR

REGISTRATION (OCT 2003)

52.233-1 DISPUTES. (JUL 2002)

52.233-3 PROTEST AFTER AWARD (AUG. 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.242-13 BANKRUPTCY (JUL 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-4 CHANGES (JUN 2007)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (FEB 2009)

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 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)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)

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

COUNTRY (JAN 2009)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2008)

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)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS. (DEC 1991)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD

CONTRACTS) (JAN 2009)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002)

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

Section 00 80 00 - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

52.232-4004 INVOICE PROCEDURES

In accordance with CONTRACT CLAUSE titled "PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS", the contractor shall submit invoices as follows:

a. In order to qualify for a periodic payment, the Contractor must submit a proper invoice (request for payment) to the Contracting Officer's Representative (COR) and a determination must be made that supplies or services conform to the contract requirements. This determination will be made for the sole purpose of processing progress payments and will not constitute formal acceptance. The due date for making progress payments shall be as stated in the contract clause: PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS.

b. The submitted request for payment must be accompanied with documentation adequate to substantiate the amount requested. Substantiation shall be consistent will the clauses in the solicitation titled Quantity Surveys, Purchase Orders, Invoices, etc. satisfactory to the COR.

c. The Contractor must also include with the payment request a certification as described in the Clause "PAYMENT

UNDER FIXED-PRICE CONSTRUCTION CONTRACTS".

d. Payment requests will be reviewed for propriety by the COR. Defective invoices will be returned to the Contractor for resolution with defects identified. Along with the returned invoice, the COR may include, at its option, an ENG FORM 93-PAYMENT ESTIMATE reflecting the substantiated and uncontested payment amount.

The Contractor will then be given the option of signing and returning the FORM 93 for payment along with the original invoice and certification or resubmitting a revised invoice and certification. To expedite payment, the Contractor may request in writing that the COR retain the defective invoice and immediately process the payment request at the amount determined to be acceptable to the Government.

CONTRACT CLAUSES INCORPORATED BY REFERENCE

52.214-5000 APPARENT CLARICAL MISTAKES--ARITHMETIC DISCREPANCIES

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

2009 Flood - Red River of the North Removal of Emergency Levees

Fargo, ND

SCOPE OF WORK

1. General. The work of this contract consists of providing all labor, equipment and materials for the removal and proper disposal of emergency levees listed on the Schedule of Prices and as shown in…