10-T-0006 Solicitation Grand Forks English.doc

6SECTION 00 01 00 - Solicitation Contract Form/ STATEMENT OF WORK

11SECTION 00 10 00 - Bidding Schedule/Instructions to Bidders

1152.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

1152.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

1152.214-4001

INQUIRIES - BID INFORMATION

1252.214-4002

ALL OR NONE QUALIFICATIONS (APR 1984) FAR 14.404-5

1252.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)

1252.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

1352.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

1452.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

1552.222-26 EQUAL OPPORTUNITY (MAR 2007)

1652.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

1752.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

1752.236-4002

WORK PERFORMED BY THE CONTRACTOR

1852.236-4005

UNAVAILABILITY OF UTILITY SERVICES

1852.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

19SECTION 00 60 00 - Representations & Certifications

1952.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

2252.219-2 Equal Low Bids. (OCT 1995)

24SECTION 00 70 00 - Contract Clauses

2452.202-4001 DEFINITIONS (MAY 1995) EFARS Part 2.101

2552.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

2752.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

2852.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

2852.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (AUG 2009)

3252.219-27 NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (MAY 2004)

3352.222-6 DAVIS-BACON ACT (JUL 2005)

3652.222-7 WITHHOLDING OF FUNDS (FEB 1988)

3752.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988)

3852.222-9 APPRENTICES AND TRAINEES (JUL 2005)

4052.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

4052.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

4252.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988)

4252.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)

4252.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

4352.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

4352.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999)

4852.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)

4952.223-6 DRUG-FREE WORKPLACE (MAY 2001)

5152.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FEB 2009)

5452.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB 2009)

5552.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC ENTERPRISES (JUN 2000)

5752.227-1 Authorization and Consent (DEC 2007)

5852.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

5852.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

5952.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

5952.228-11 PLEDGES OF ASSETS (SEP 2009)

6052.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

6152.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

6452.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

6452.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

7252.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

7352.233-2 SERVICE OF PROTEST (SEP 2006)

7452.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

7452.236-2 DIFFERING SITE CONDITIONS (APR 1984)

7552.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

7652.236-4 PHYSICAL DATA (APR 1984)

7652.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

7752.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

7752.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

7752.236-8 OTHER CONTRACTS (APR 1984)

7852.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

7852.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

7952.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

7952.236-12 CLEANING UP (APR 1984)

8052.236-13 ACCIDENT PREVENTION (NOV 1991) – ALTERNATE I (NOV 1991)

8152.236-17 LAYOUT OF WORK (APR 1984)

8152.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

8252.242-14 SUSPENSION OF WORK (APR 1984)

8252.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

8352.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

8452.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) - ALTERNATE I (APR 1984)

8652.248-3 VALUE ENGINEERING--CONSTRUCTION (SEP 2006)

8952.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984)

8952.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

9052.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

91252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

91252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

91252.204-7004 CENTRAL CONTRACTOR REGISTRATION (52.204-7) ALTERNATE A (SEP 2007)

94252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

95252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

95252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

96252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

97252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)

97252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

98252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

99252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

99252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (AUG 2009)

100SECTION 00 80 00 - Special Contract Requirements

10052.000-4004

PARTNERING

10052.214-5000 Apparent Clerical Mistakes – EFARS

10152.231-5000

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

10252.232-4004

INVOICE PROCEDURES

10252.236-4006

SAFETY AND HEALTH REQUIREMENTS MANUAL INTERIM CHANGES, EM 385-1-1 (JAN 2009)

10352.236-4012

MATERIAL SOURCES

10352.236-4014

PURCHASE ORDERS

10452.236-4025

FLOATING PLANT EQUIPMENT (MAY 1999)

10452.236-4061

OBSTRUCTION OF CHANNEL

10452.236-4062

SIGNAL LIGHTS (JAN 1965)

10552.236-4063

RADIO

10552.246-4001

LABORATORY AND TESTING FACILITIES

10552.249-5000

BASIS FOR SETTLEMENT OF PROPOSALS

10652.249-5000

BASIS FOR SETTLEMENT OF PROPOSALS

WAGE DETERMINATION………………………………………………………………………………………...106

SECTION 00 01 00 - Solicitation Contract Form

STATMENT OF WORK

GRAND FORKS/EAST GRAND FORKS FLOOD CONTROL

ABANDONMENT OF RESIDENTAL SEWER PIPE

AND ENGLISH COULEE DIVERSION CULVERT

OCTOBER 2009

SCOPE OF WORK

1. General. All work is in/near the City of Grand Forks, North Dakota. To schedule a site visit, contact the Corps of Engineers Resident Engineer (Virginia Regorrah) at 701-772-8292. The work shall consist of 3 tasks as follows:

a. Task 1 (Abandonment of Residential Sewer Pipe) shall consist of locating and properly abandoning a residential sewer pipe passing under a floodwall and connected to the river. The pipe shall be abandoned by completely filling it with Control Density Fill (CDF).

b. Task 2 (English Coulee Diversion Culvert) shall consist of furnishing and installing a 24” RCP culvert under 69th Street that will discharge stormwater into the English Coulee Diversion. The culvert shall include a flared end section, concrete headwall, flap gate, and rip rap at each end.

2. Pre-Construction Conference. After the bid proposals are received and after contract award, a pre-construction conference will be scheduled by the field office and held at the Grand Forks City Hall. This will be to establish the schedule, work hours, verify the scope of work, and clarify any questions.

3. Construction Schedule. All work shall be completed as follows:

a. Within 20 days after Notice to Proceed, all work of Task 1 (Abandonment of Residential Sewer Pipe) shall be completed with the exception of turf seeding and maintenance.

b. By May 15, 2010, all turf seeding work of Task 1 (Abandonment of Residential Sewer Pipe) shall be completed.

c. By June 30, 2010, all work of Task 2 (English Coulee Diversion Culvert) shall be completed.

4. Tasks.

a. Task 1 (Abandonment of Residential Sewer Pipe). See Drawing Task 1.1

i. Access to the site shall be from 4th Avenue S and/or River Street and be confined within the work limits as shown on attached Drawing. All traffic within work limits shall be confined to a 15’ wide strip. With the exception of the excavator, all construction traffic traveling within the work limits shall be limited to pickup trucks, skid steers, and other smaller vehicles.

ii. The pipe to be abandoned is believed to be 6” in diameter and located within 8’ of the location shown on the Drawings. It is also believed that the sewer pipe is located within 15’ of the existing ground surface. Contractor shall determine the exact location of the sewer pipe by excavating a narrow trench of maximum depth of 15’ and of maximum length of 16’ measured at the bottom of the excavation.

iii. Upon locating the pipe, the trench shall be shored up to allow workmen to safely enter the trench and access the pipe. A 24” minimum length of pipe shall be removed and thereafter, both ends of the severed pipe shall be cleaned of any dirt, pieces of broken pipe, or other debris.

iv. Pipe end on the landward side of the excavation shall be plugged by placing a stiff mixture of concrete inside the pipe for a minimum length of 24”.

v. Pipe end on the riverward side of the excavation shall be plugged by completely filling the pipe with CDF for a minimum length of 35’. The CDF shall be pumped into the pipe by inserting a 2” diameter polyethylene pipe inside the pipe to be abandoned and then slowly retracting the polyethylene pipe as the CDF is being pumped into the pipe. Initially, the polyethylene pipe shall be inserted a minimum distance of 35’ into the pipe to be abandoned. A minimum of 0.3 cubic yards of CDF shall be pumped into the pipe. Thereafter, the bottom of the excavation shall be filled with additional CDF to a minimum height of 2’ above the top of the abandoned pipe and a minimum of 2’ on either side of the abandoned pipe.

vi. CDF shall consist of a mixture of cement, sand, water, and necessary additives to make the mix pumpable, capable of completely filling voids encountered without vibration, and forming a solid having a 28 day compressive strength of 35psi minimum.

vii. Backfilling of the excavation shall commence as soon as the CDF has attained adequate strength to support overlying backfill material. Backfill shall be compacted in layers not to exceed 8 inches in depth and to a minimum density of 95% of standard proctor. Standard proctor can be assumed to be 100#/cubic foot. Contractor shall be responsible to hire a testing firm to conduct a minimum of 1 density test at this location.

viii. Topsoil of a minimum depth of 6” shall be provided and placed over all excavations. Topsoil shall be loose, friable, loamy black topsoil that is typical of the area and be free of sod, hard lumps, clay subsoil, and other debris.

ix. All disturbed areas, including any areas disturbed along the access route, shall be leveled smooth with topsoil and seeded with grass. Application rate of grass seed shall be 250#/acre or 0.6#/100 square feet. Grass seed may be seeded by hand and raked in.

x. Seed mixture shall be as follows:

1. - 10% Creeping Red Fescue

2. - 14% Perennial Rye-Grass

3. - 12% Canada Bluegrass

4. - 10% Fowl Bluegrass

5. - 12% Common Bluegrass

6. - 12% Park Kentucky Bluegrass

7. - 10% Caliber Kentucky Bluegrass

8. - 19% Salty Alkali Grass

xi. Seeded areas shall be maintained by Contractor until the newly established turf is a minimum height of 3”, with no bare spots greater than 4” in diameter, and no areas of less 100 plants per square foot.

b. Task 2 (English Coulee Diversion Culvert). See Drawings Task 2.1, 2.2, 2.3, & 2.4

i. Flap Gate shall be provided with a flange frame for mounting on the concrete headwall, lubrication fitting for all hinges, circular opening for gravity flow, and be constructed of the following materials:

1. Frame and flap – cast iron, ASTM A126, Class B

2. Seat - bronze, ASTM B21

3. Hinge arm – High strength malleable iron or high tensile bronze

4. Hinge pin – Stainless steel, Type 304 or silicon bronze, ASTM B 98

5. Anchor Bolts – Stainless steel, Type 304

ii. Concrete will be 4,000 psi design and shall be placed in accordance with NDDOT Standard Specifications Section 602.03 Sections E, F, G. Contractor shall be responsible to hire a testing firm to obtain samples and conduct tests to determine final 28 day strength.

iii. Riprap shall consist of sound, durable field stone or quarry stone. Stone of sedimentary origin will not be allowed. The riprap shall be clean, reasonably free of soil, quarry fines and no refuse. It shall be well graded within the limits specified in Table 3-1A. The riprap shall be R20.

iv. Riprap shall be placed in a manner consistent with NDDOT Standard Specifications Section 708.04 C which will produce a well graded mass of rock with a minimum practicable percentage of voids. Methods that likely will cause segregation will be avoided. Placing will start at lower levels and proceed upwards.

v. Geotextile shall be non-woven and meet the requirements of NDDOT Standard Specifications Section 858, geotextile fabric for riprap (Type RR). Installation, overlapping fabric and equipment restrictions shall conform with requirements of NDDOT Standard Specifications Section 709.

vi. Existing gravel roadway surfacing shall be removed, stockpiled, and backfilled at the top of the excavation.

vii. Initial Backfill and Final Backfill shall consist of impervious clay materials free of sod, granular materials, and other debris backfilled in layers not to exceed 8 inches in depth and to a minimum density of 95% of standard proctor. Standard proctor can be assumed to be 100#/cubic foot. Contractor shall be responsible to hire a testing firm to conduct a minimum of 1 density test at this location.

viii. Resurface excavated roadway surface with 16” minimum depth of NDDOT Class 13.

ix. All excess excavated materials to become Contractor’s property and removed from site.

x. Traffic control to be provided by Contractor and shall meet Manual of Uniform Traffic Control Devices requirements. Provide 48 hour advance notification prior to closing roadway. Roadway to be closed to traffic for 12 hours maximum.

xi. Topsoil of a minimum depth of 6” shall be provided and placed over all excavations in non-rip rap areas beyond roadway edge. Topsoil shall be loose, friable, loamy black topsoil that is typical of the area and be free of sod, hard lumps, clay subsoil, and other debris.

xii. All disturbed turf areas shall be leveled smooth with topsoil and seeded with grass. Seed type and application rate of grass seed shall be in accordance with NDDOT Standard Specifications Section 708 – Class II. Grass seed may be seeded by hand and raked in.

5. Drawings. See attached Drawings for additional description of the work of each task.

6. Construction Staking. All construction staking to be provided by City of Grand Forks. Provide minimum 2 working day advance notification.

7. Submittals. Submit for reivew and approval prior to ordering materials. Submit for the following materials:

a. CDF mix design

b. Grass seed test results

c. Rip rap and rip rap bedding sources

d. RCP pipe and appertenances shop drawings

e. Flap gate shop drawings

f. Concrete mix design

8. As-built Drawings. The Contractor shall provide as-built drawings of all the work completed.

9. Safety. All work shall be in conformance with the Corps of Engineers Safety and Health Requirements Manual EM 385-1-1 (latest edition). A site specific safety plan will be required.

10. Erosion Control. The contractor shall follow all Best Management Practices (BMP’s) during construction to minimize erosion.

11. Bid Items.

a. Task 1 (Abandonment of Residential Sewer Pipe)

Lump Sum

b. Task 2 (English Coulee Diversion Culvert)

Lump Sum

12. Final Inspection. Prior to final inspection, the Contractor will coordinate with the Government to schedule a pre-final inspection and develop a punchlist.

CON1610-GF KENNEDY BRIDGE DITCH

FFP

PROJECT NO.: 109771. Please see attached SOW

FOB: Destination

MILSTRIP: W81G6792234736

PURCHASE REQUEST NUMBER: W81G6792234736

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

USACE - ST PAUL

190 5TH STREET E

ST PAUL MN 55101-1638

651-290-5222

FOB: Destination B670000

SECTION 00 10 00 - 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)

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

52.214-4001

INQUIRIES - BID INFORMATION

(a) Inquiries:

Any questions regarding this solicitation should be directed to ___Preston Hayward____Contract Specialist, at telephone number (651) 290-_5709_____ (collect calls not accepted). It is requested that all technical questions on the plans and specifications be submitted to the Contract Specialist by facsimile transmission to (651) 290-5706.

The Planholder’s List and bid results can be found on Federal Business Opportunities web site at http://www.fbo.gov for that solicitation..

(b) Bid Depository/Bid Opening Information:

Bids must be deposited prior to the date and time set for opening of bids. The bid depository is located in the Contracting Division, 6th Floor, of the U.S. Army Corps of Engineers - St. Paul District, 190 Fifth Street East, St. Paul, Minnesota 55101-1638. A public bid opening will be held at the same location.

52.214-4002

ALL OR NONE QUALIFICATIONS (APR 1984) FAR 14.404-5

A bidder/offeror must quote on all items in this solicitation to be eligible for award. The Government will award on a “All or None” basis. Evaluation of bids/offers will be based, among other factors, upon the total price quoted for all items.

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.

(End of provision)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(a) Segregated facilities, as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.

(b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.

(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

(End of clause)

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:

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 Grand Forks, ND

(End of provision)

52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that

(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or

(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of provision)

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

(5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

(8) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order.

(9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(10) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting officer may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1.

(End of clause)

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

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

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

Name: Virginia Regorrah

Address:

Telephone: 701-772-8292

(End of provision)

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

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

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

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

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

(End of provision)

52.236-4002

WORK PERFORMED BY THE CONTRACTOR

The successful bidder must furnish the Contracting Officer within 10 days after the award, the items of work which he will perform with his own forces, the percentage of the total work this represents, and the estimated cost thereof. (See SECTION 00700, clause entitled (“__52.211-10)..

52.236-4005

UNAVAILABILITY OF UTILITY SERVICES

The responsibility shall be upon the Contractor to provide and maintain at its expense, adequate utilities for its use for construction and domestic consumption, and to install and maintain necessary connections and lines for same, but only at such locations and in such manner as may be approved by the Contracting Officer. Before final acceptance, temporary connections and lines installed by the Contractor shall be removed in a manner satisfactory to the Contracting Officer.

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.farsite.hill.af.mil (End of provision

SECTION 00 60 00 - Representations & Certifications

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

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

(2) The small business size standard is -------------- [$33,500,000].

(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:

(_x_) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Contracting Officer check as appropriate.)

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

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

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

------(A) Basic.

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

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

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

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

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

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

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

------ (A) Basic.

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

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

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

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

(End of Provision)

CLAUSES INCORPORATED BY FULL TEXT

52.219-2 Equal Low Bids. (OCT 1995)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus area as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

SECTION 00 70 00 - Contract Clauses

CLAUSES INCORPORATED BY FULL TEXT

52.202-4001 DEFINITIONS (MAY 1995) EFARS Part 2.101

"Chief of Contracting Office" means the Chief of the Contracting Division at a District, or the Director of Contracting at a Division, Center, Laboratory, or other support activity.

"Command" means each USACE Division, each USACE District, The U.S. Army Engineering and Support Center (HNC), Transatlantic Programs Center (TAC), Transatlantic Programs Center (Europe) (TAE), Topographic Engineer Center (TEC), Cold Regions Research and Engineering Laboratory (CRREL), Construction Engineering Research Laboratory (CERL), Humphreys Engineering Center Support Activity (HECSA), and Waterways experiment Station (WES).

"Commander" means the commanding officer of each USACE district and each USACE division, and the director or commander of HNC, TAC, TAE, ETL, CRREL, CERL, HECSA and WES.

"Head of Contracting Activity (HCA)" for USACE means the Chief of Engineers.

Centers. For determining contracting authority levels for this regulation, Centers (HNC, and TAC) will equate to a Division. As a subordinate unit to TAC, TAE’s contracting authority will therefore equate to that of a district.

Level higher than the contracting officer. When a District or TAE chief of contracting is the contracting officer, a "level higher than the contracting officer" means the Division or Center Director of Contracting. When an operating Division, Center or Laboratory Director/Chief of Contracting is the contracting officer a "level higher than the contracting officer" means the PARC.

Local Cooperation Agreements (LCAs). See Project Cooperation Agreements.

Project Cooperation Agreements. Formerly referred to as Local Cooperation Agreements, these are agreements under 31 U.S.C. 6305 and 42 U.S.C. 1962d-5b. They are not contracts as defined by the FAR.

“USACE and HQUSACE" means the United States Army Corps of Engineers and its headquarters, respectively.

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

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

Central Contractor Registration (CCR) database means the primary Government repository for Contractor information required for the conduct of business with the Government.

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the CCR database means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record ``Active''. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.