W912ES-09-R-0030 Specifications.pdf

SOLICITATION NO. W912ES-09-R-0030

OPERATION AND MAINTENANCE

MISSISSIPPI RIVER HEADWATERS

FEDERAL DAM, MINNESOTA

SPECIFICATIONS

FOR

RESTROOM & FISH CLEANING FACILITY

LEECH LAKE RECREATION AREA

JULY 2009

US Army Corps of Engineers St. Paul District

OPERATION & MAINTENANCE

TABLE OF CONTENTS

W912ES-09-R-0030 TOC-1

NON-TECHNICAL REQUIREMENTS:

BIDDING REQUIREMENTS, CONTRACT FORMS, AND

CONDITIONS OF THE CONTRACT

00010 Standard Form 1442 and Bidding Schedule 00100 Instructions, Conditions, and Notices to Bidders 00600 Representations, Certifications, and Other Statements of Bidders 00700 Contract Clauses 00800 Special Contract Requirements 00830 Attachments

TECHNICAL REQUIREMENTS, SPECIFICATIONS:

DIVISION 01 GENERAL

01000 General 01140 Work Restrictions 01270 Measurement and Payment 01312 Quality Control System (QCS) 01320 Project Schedule 01330 Submittal Procedures 01355 Environmental Protection 01451 Contractor Quality Control 01500 Temporary Construction Facilities 01525 Safety and Occupational Health Requirements 01565 Minnesota Pollutant Discharge Elimination System 01780 Closeout Submittals

DIVISION 02 SITE WORK

02200 Site Preparation and Demolition 02300 Earthwork 02540 Sewer Systems 02770 Exterior Concrete Slabs

DIVISION 03 CONCRETE

03300 Cast-In-Place Concrete

DIVISION 04 - 12 NOT USED

DIVISION 13 SPECIAL CONSTRUCTION

13122 Packaged Fish Cleaning House 13124 Packaged Restroom Building

OPERATION & MAINTENANCE

TABLE OF CONTENTS

W912ES-09-R-0030 TOC-2

DIVISION 14 NOT USED

DIVISION 15 MECHANICAL

15100 Plumbing

DIVISION 16 ELECTRICAL

16000 General Requirements 16025 Raceways and Fittings 16050 Wires and Cables 16075 Grounding 16125 Temporary Service 16150 Panel Boards and Safety Switches 16200 Lighting 16225 Identification 16250 Wiring Devices 16600 Electric Dryers

W81G6791628668

The Leech Lake Restroom and Fish Cleaning Facility Project. Located at Federal Dam, Minnesota. This project involves the supply and installation of a packaged fish cleaning house and packaged restroom facility. Principal w ork items may include but are not limited to; electrical and sew er utility w ork, a sew age compartment tank shall be installed incuding a sew age lif t pump and force main, w ork shall also include repairs of existing manholes.

The North American Industry Classif ication System (NAICS) Code is 238190, the small business standard is $14 million. The estimated order of magnitude of this requirement in terms of estimated price is betw een $250,000 and $500,000. This solicitation is being procured under the Small Business Administration Reauthorization Act (Public Law 105-135). Only those f irms recognized by the Small Business Administration as Historically Underutilized Business Zone (HUBZone) qualif ied small business concerns are eligible to submit proposals. This contract w ill be aw arded using American Recovery and Reinvestment Act of 2009 funds.

RICHARD J HALL 651-290-5394

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

04-Aug-2009

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

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

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________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 ______________03 Sep 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______90 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

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)

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

W912ES-09-R-0030 153

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-0030

Table of Contents Sections 00010 through 00800

TABLE OF CONTENTS SECTIONS 00010 THROUGH 00800

SECTION 00010 - SOLICITATION CONTRACT FORM

PRICING SCHEDULE:

BASE ITEMS:

OPTION 1 ITEM:

NOTE TO OFFERORS

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

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)

52.215-4005 PREPARATION AND EVALUATION OF PROPOSALS (CONSTRUCTION)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

SECTION 00600 - REPRESENTATIONS & CERTIFICATIONS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

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

TERRORIST COUNTRY (JAN 2009)

SECTION 00700 - CONTRACT CLAUSES

52.202-1 DEFINITIONS (JUL 2004)

52.202-4001 DEFINITIONS (MAY 1995) EFARS PART 2.101

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)

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (MAR 2009)

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

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

2009)

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

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

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

ALTERNATE I (APR 1984)

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

52.215-2 AUDIT AND RECORDS--NEGOTIATION (MAR 2009) - ALTERNATE I MAR 2009)

52.219-3 NOTICE OF TOTAL HUBZONE SET-ASIDE (JAN 1999)

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

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

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)

52.222-6 DAVIS-BACON ACT (JUL 2005)

52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

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

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)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED GOODS—

BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAR 2009)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC

2007)

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (FEB 1992)

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

52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

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

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

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

52.232-17 INTEREST (OCT 2008)

52.232-23 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)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

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

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-13 BANKRUPTCY (JUL 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-4 CHANGES (JUN 2007)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2009)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.248-3 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)133

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

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)

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS

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

252.225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS (JUN 2005)

252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(MAR 2008)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

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 00800 - SPECIAL CONTRACT REQUIREMENTS

52.000-4004 PARTNERING

52.212-4003 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 1989) ER 415-1-15149

52.214-5000 ARITHMETIC DISCREPANCIES – EFARS

52.217-4000 OPTION FOR ADDITIONAL WORK (CONSTRUCTION) (AUG 2000)

52.228-4002 INSURANCE

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

52.232-4004 INVOICE PROCEDURES

52.236-4005 UNAVAILABILITY OF UTILITY SERVICES

52.236-4006 SAFETY AND HEALTH REQUIREMENTS MANUAL INTERIM CHANGES, EM 385-1-1

(JAN 2009) 153

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

Section 00010 - Solicitation Contract Form

Pricing Schedule:

Base Items:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Site Work

0002 1 Lump Sum Fish Cleaning Facility

0003 1 Lump Sum Restroom

0004 1 Lump Sum Sewer System

Total Price for Base Items 0001 through 0004:___________________

Option 1 Item:

0005 1 Lump Sum Option Manhole Grouting

Total Price for Option 1 Item 0005:__________________

Total Price for Base and Option Items 0001 through 0005:_____________________

Note to Offerors

1. EFFECTIVE MAY 31, 1998, ALL CONTRACTORS MUST REGISTER WITH THE DEFENSE CENTRAL CONTRACTOR REGISTRATION (CCR) IN ORDER TO RECEIVE ANY CONTRACT AWARD. (other than those made via the Government credit card program). Contractors may register on line at www.ccr.gov

2. All Quantities are estimated except where unit is given as "EA" (EACH) or "LS" (LUMP SUM).

3. The apparent low offer may be requested to provide the following information as soon as possible after opening proposals:

a. A Financial Statement, to include a balance sheet and income statement, and

b. A Bank Certification of Financial Capability (line of credit).

This information will be treated as confidential. The financial statements should be not over 60 days old. If over 60 days old, a certification should be attached stating that the financial condition of the firm is substantially the same or, if not the same, the changes that have taken place.

4. All extensions of the unit prices shown will be subject to verification by the Government. In case of a discrepancy between the unit price and the extension, the unit price will govern.

5. The original bid/proposal and any modifications thereto must be complete as to all the items on the schedule.

6. Unbalanced Offers. The Government may reject as unresponsive any offer that is materially unbalanced between contract line item numbers or sub-items on the bidding schedule. A offer is materially unbalanced when it is based on prices which are significantly less than cost for some work and prices which are overstated, in relation to cost, for other work. A materially unbalanced offer may be rejected if the Contracting Officer has a reasonable doubt as to whether the offer will result in the lowest overall cost to the government even though it may be the low evaluated offer. Additionally, an offer that is so unbalanced so as to be tantamount to an advance payment will be rejected even if acceptance of the offer would result in the lowest overall cost to the Government.

7. Proposals shall be submitted (See Block 13 on the SF1442 for the closing date and time) as follows:

(1) In person at the USACE St, Paul District Office on the 6th Floor or

(2) Via expedited mail—Fed Ex etc. to: US Army Corps of Engineers, St. Paul District

190 Fifth Street East, Suite 401 Attn: Contracting Division – Dick Hall St. Paul, MN 55101-1638

8. The addresses, phone numbers, and Internet address(es) (if available) for references cited in these specifications are listed in the Unified Facilities Guide Specifications (UFGS) 01 42 00 SOURCES FOR REFERENCE PUBLICATIONS. UFGS 01 42 00 is available under Publications on the TECHINFO page of the Corps of Engineers Huntsville District internet site at: http://www.hnd.usace.army.mil/.

9. Any forthcoming amendments will only be announced and posted on web site www.fbo.gov .

10. Prospective offerors are advised that environmental review requirements for this acquisition are underway. No award will be made until these review requirements are completed.

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

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.

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE

ACQUISITION (JAN 2004)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, 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 proposals; or

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

(3) It is the only proposal received.

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

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals 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.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.215-4005 Preparation and Evaluation of Proposals (Construction)

(A) All proposals shall be submitted in two parts, a Technical Proposal and a Price Proposal. Your submittal must include a one-sided original and three copies of the Technical Proposal, and a one-sided original and one copy of the Price Proposal. The Price Proposal shall be sealed in a single, labeled package, separate from the Technical Proposal.

(B) All pages containing text shall be consecutively numbered, type-written on 8-1/2x11 inch paper with margins of at least one inch, and created using a font no smaller than 12. Proposals shall not be permanently bound (in order to facilitate incorporation of portions of the proposal into the final contract document if necessary).

(C) The format used for the areas and factors below shall be strictly adhered to. All responses in the offeror’s package shall clearly indicate the applicable Evaluation Area (Part I, II, III), if applicable.

(D) It is the offeror’s responsibility to insure the completeness of the proposal. The evaluation panel for the Government may evaluate solely on the information provided in the initial proposal and will not assume that an offeror possesses any capability that is not specifically identified in the proposal.

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

(F) An offeror that wishes to submit a proposal for the Leech Lake Restroom and Fish Cleaning Facility Project must propose on all of work (CLINs 0001 through 0005, including the item in Option 1). Award of the base work will be on an “All or None” basis. Award will be made to the lowest priced, technically acceptable proposal. Each evaluation factor and each sub-factor must be found to be technically acceptable in order for the proposal to be found technically acceptable. Proposals will not be ranked.

Please Note: Missing, incomplete, or ambiguous information could result in a rating of “unacceptable.” 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 communications conducted for purpose of minor clarification(s)), unless discussions are determined to be necessary. Failure to submit mandatory information for a factor or subfactor, indicated by the word shall, will result in a rating of “unacceptable” for that factor or subfactor, and the offer may 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 or subfactor.

Offers that do not propose to perform all of the work required by the solicitation, as outlined in paragraph (F) above, will not be considered.

EVALUATION FACTORS. The evaluation factors and significant sub-factors are listed below. It is intended that proposals be evaluated, and award made, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification[s]), unless discussions are determined to be necessary. Technical evaluation factors – Experience (Part I); Past Performance (Part II); and Technical Approach (Part III) – will be evaluated first.

The Pricing Proposal will be evaluated last.

a. Technical Proposal Part I: Experience

Offerors shall submit a minimum of two projects that the firm has successfully completed within the last three years that involved the following elements:

(1) Supply of Pre-Engineered Restroom Buildings – Include in your narrative a description of the size of each building, the interior finishes used, and whether the building was handicap accessible or not.

(2) Supply of Pre-Engineered Fish-Cleaning Buildings or similar type structures – Include in your narrative a description of the use that the pre-engineered building was intended for and any equipment that it was intended to house, and whether the building was handicap accessible or not.

(3) Installation/Construction of Pre-Engineered Buildings.

(4) Installation/Construction of sanitary sewer system.

These elements need not come from the same project, but a minimum of two projects shall be identified for each element listed. If a subcontractor will be performing any of the above elements, include a minimum of two projects that the subcontractor has successfully completed within the last three years that involved that element.

In order to receive an “acceptable” rating, the proposal must demonstrate to the evaluators that the offeror and any subcontractors performing key tasks have sufficient relevant experience to indicate that the offeror has the knowledge and capability to successfully perform the tasks described in this solicitation.

b. Technical Proposal Part II: 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 any other source, such as Government databases.

Offerors shall submit a list of the last two projects, completed or current but at least 50% completed, for which your firm performed the type of work you are proposing to perform for this contract. For each subcontractor that you are proposing to use (as proposed under Experience above), provide a list of the last two projects, completed or current but at least 50% completed, for which that subcontractor performed the type of work you are proposing for them to perform for this contract. If more than two past performance references are submitted for each firm, only the two most recent projects will be considered. If less than two 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.

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

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’s performance in executing the contract or subcontract. The past performance reference must have first-hand knowledge of the offeror’s performance.

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.

Offerors may include information on problems encountered on the identified projects and the offeror’s corrective actions.

The Government may contact any or all of the past performance references provided by the offerors to collect and evaluate past performance information, and may also use 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.

In the case of an offeror without a record of relevant past performance, or for whom information on past performance is not available, the offeror will 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.

The past performance factor will receive a rating of “acceptable” or “unacceptable” based on its entirety. Past performance will be rated “acceptable” if it reflects performance that met contractual requirements. Past performance may contain some problems for which corrective actions taken by the offeror were satisfactory and still receive a rating of acceptable.

b. Technical Proposal Part III: Technical Approach:

The Offeror shall submit a narrative plan of the methodology proposed to accomplish the project in accordance with the RFP within the prescribed timeframe. The plan must demonstrate a thorough understanding of the job specific requirements. The plan must include the following at a minimum:

• Description of the Restroom Building proposed to be provided and installed, including interior and exterior finishes; roof type; dimensions - including building width, length, height, clearances for handicap access; number and size of stalls on the men’s and women’s side; number of lavatories on the men’s and women’s side. A drawing or sketch showing the dimensions and layout of the building shall be included;

• Description of the Fish Cleaning Building proposed to be provided and installed, including interior and exterior finishes; roof type; dimensions - including building width, length, height, clearances for handicap access; and location of fish cleaning table and utility sink. A drawing or sketch showing the dimensions and layout of the building shall be included;

• Description of the Fish Cleaning table proposed for installation. Include cut sheets or literature that describes the technical specifications, dimensions and capacities of the fish cleaning table intended for installation under this contract. Clearly indicate the model and any options or accessories that are included in the proposal;

• Description of the sanitary compartment tank and pump proposed for installation, including capacities of each side of the tank, dimensions of the tank, filter type, method of ensuring that the tank will not float out of the ground due to high ground water, manufacturer and model of grinder pump – including horsepower, capacity and a pump curve;

• The Offeror’s plan to provide the equipment and manpower through its own employees or other identified sources, in order to complete the project on time.

In order to receive an “acceptable” rating, the proposed methodology must contain sufficient detail to convince the evaluators that the offeror’s technical approach complies with contract requirements and will provide the Government with a quality finished product within the prescribed timeframe.

Price Proposal:

Offerors shall complete and submit the price schedule in section 00 01 00 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 the Base price and the Option 1 price. Failure to submit a price for all items, including options, 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.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

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

2005)

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

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

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

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

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

2.9 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 Federal Dam, Cass County, Minnesota.

52.225-22 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL,

AND OTHER MANUFACTURED GOODS—BUY AMERICAN ACT—

CONSTRUCTION MATERIALS (MAR 2009)

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

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) If the Government determines that an exception based on unreasonable cost of domestic…