W912ES-11-B-0004-SOLICITATION.pdf

SOLICITATION NO. W912ES-11-B-0004

OPERATION AND MAINTENANCE

MISSISSIPPI AND MINNESOTA RIVERS

SPECIFICATIONS

FOR

MECHANICAL DREDGING

FEBRUARY 2011

US Army Corps of Engineers St. Paul District

MECHANICAL DREDGING

MISSISSIPPI AND MINNESOTA RIVERS

SOLICITATION NO. W912ES-11-B-0004

TABLE OF CONTENTS

TOC-i W912ES-11-B-0004

NON-TECHNICAL REQUIREMENTS:

DIVISIION 00 BIDDING REQUIREMENTS, CONTRACT FORMS, AND

CONDITIONS OF THE CONTRACT

00 01 00 SF 1442 and Solicitation Contract Form 00 10 00 Bidding Schedule/Instructions to Bidders 00 60 00 Representations & Certifications 00 70 00 Contract Clauses 00 80 00 Special Contract Requirements 00 83 00 Attachments to Contract Clauses

TECHNICAL REQUIREMENTS, SPECIFICATIONS:

DIVISION 01 GENERAL REQUIREMENTS

01 00 00.00 13 General 01 22 00.00 13 Measurement and Payment 01 33 00 Submittal Procedures 01 35 29 Safety and Occupational Health Requirements 01 45 02.00 10 Quality Control System (QCS) 01 45 04.00 13 Contractor Quality Control 01 57 20.00 13 Environmental Protection

DIVISION 35 WATERWAY AND MARINE CONSTRUCTION

35 20 23 Dredging

W81G6703493840

Mechanical Dredging, Mississippi and Minnesota Rivers, Minnesota, Wisconsin, Iow a, Illinois, and Missouri.

Work consists of, but is not limited to, furnishing all plant, labor, material, and equipment necessary for dredging w ith a backhoe, dragline, or other mechanical equipment on marine plant, and transporting dredged material to designated placement sites. This procurement is Unrestricted. The estimated magnitude of construction in terms of physical characteristics and estimated price range is betw een $1 million and $5 million for the base period. The appropriate NAICS code for this procurement is 237990 (dredging) w ith a small business size standard of $20.0 million. The Government contemplates aw ard of an Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation.

X

LISA A DRAVES 651-290-5614

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

24-Feb-2011

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NA ME

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 _______ 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 _________________________52.216-22

12 A . THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE A ND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________28 Mar 2011 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______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

180 5TH STREET EAST

SUITE 700

ST. PAUL MN 55101-1678

W912ES

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CA LENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

8. A DDRESS OFFER TO (If Other Than Item 7)

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

W912ES-11-B-0004 173

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 of fers 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. A CKNOWLEDGMENT OF A MENDMENTS

(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. A MOUNT 23. A CCOUNTING AND APPROPRIATION DA TA

24. SUBMIT INVOICES TO A DDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DA TE

25. OTHER THAN FULL A ND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. A DMINISTERED BY

(Include ZIP Code)14. NA ME AND A DDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE A DDRESS

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 lis ted. This award con-to f urnish and deliv er all items or perf orm all work, requisitions ident if 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 s tated in t his 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 c lauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or at tached to this contract.

30A. NAME A ND TITLE OF CONTRACTOR OR PERSON A UTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF A MERICA 31C. A WARD 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-11-B-0004

TABLE OF CONTENTS

SECTION 00 01 00 ‐ SOLICITATION CONTRACT FORM

NOTES TO BIDDERS

BID SCHEDULE

SECTION 00 10 00 ‐ BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

52.209‐4001 BIDDER'S QUALIFICATIONS (APR 1984) FAR 9.105‐1

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

52.214‐4 FALSE STATEMENTS IN BIDS (APR 1984)

52.214‐5 SUBMISSION OF BIDS (MAR 1997)

52.214‐6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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

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

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

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

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

52.214‐4001 INQUIRIES ‐ BID INFORMATION

52.214‐4002 ALL OR NONE QUALIFICATIONS (FEB 2011) FAR 14.404‐5

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)

52.225‐12 NOTICE OF BUY AMERICAN ACT REQUIREMENT‐‐ CONSTRUCTION MATERIALS (FEB 2009) ‐

ALTERNATE I (MAY 2002)

52.228‐1 BID GUARANTEE (SEP 1996)

52.233‐2 SERVICE OF PROTEST (SEP 2006)

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

SECTION 00 60 00 ‐ REPRESENTATIONS & CERTIFICATIONS

52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2010)

52.209‐7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

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

(JAN 2009)

SECTION 00 70 00 ‐ 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. (OCT 2010)

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 (OCT 2010)

52.203‐13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

52.203‐14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

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

52.204‐10 REPORTING EXECUTIVE COMPENSATION AND FIRST‐TIER SUBCONTRACT AWARDS (JUL 2010)

52.209‐6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

52.209‐8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (DEVIATION) (OCT 2010)

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

52.214‐26 AUDIT AND RECORDS‐‐SEALED BIDDING (OCT 2010)

52.214‐27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA ‐ MODIFICATIONS ‐ SEALED

BIDDING. (OCT 2010)

52.214‐28 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA ‐ MODIFICATIONS ‐ SEALED BIDDING. (OCT 2010)

52.216‐18 ORDERING. (OCT 1995)

52.216‐19 ORDER LIMITATIONS. (OCT 1995)

52.216‐22 INDEFINITE QUANTITY. (OCT 1995)

52.219‐4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JUL 2005)

52.219‐8 UTILIZATION OF SMALL BUSINESS CONCERNS (DEC 2010)

52.219‐9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2010)‐‐ALTERNATE I (OCT 2010)

52.219‐16 LIQUIDATED DAMAGES‐SUBCONTRACTING PLAN (JAN 1999)

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

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 (JUN 2010)

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)

52.222‐30 DAVIS‐BACON ACT‐‐PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (DEC 2001) 78

52.222‐35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010)

52.222‐36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)

52.222‐37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010)

52.222‐40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

52.222‐50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

52.222‐54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

52.222‐99 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT. (DEVIATION

2010‐O0013) (JUN 2010)

52.223‐6 DRUG‐FREE WORKPLACE (MAY 2001)

52.223‐14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

52.223‐18 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (SEP 2010)

52.225‐11 BUY AMERICAN ACT‐‐CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (SEP 2010)

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

52.227‐1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227‐2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

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

52.228‐2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228‐11 PLEDGES OF ASSETS (SEP 2009)

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

52.228‐14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

52.228‐15 PERFORMANCE AND PAYMENT BONDS‐‐CONSTRUCTION (OCT 2010)

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 2010)

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)

52.236‐1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

52.236‐2 DIFFERING SITE CONDITIONS (APR 1984)

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

52.236‐4 PHYSICAL DATA (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)

52.236‐16 QUANTITY SURVEYS (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 (OCT 2010) ALTERNATE I (JUN 2010)

52.246‐12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.248‐3 VALUE ENGINEERING‐‐CONSTRUCTION (OCT 2010)

52.249‐2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED‐PRICE) (MAY 2004) ‐ ALTERNATE I

(SEP 1996)

52.249‐10 DEFAULT (FIXED‐PRICE CONSTRUCTION) (APR 1984)

52.253‐1 COMPUTER GENERATED FORMS (JAN 1991)

252.201‐7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (JAN 2009) 252.203‐7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE‐CONTRACT‐RELATED

FELONIES (DEC 2008)

252.203‐7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009)

252.203‐7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (SEP 2010)

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

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

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

252.209‐7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A

TERRORIST COUNTRY (DEC 2006)

252.219‐7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)(OCT 2010)

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

252.225‐7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (JUN 2010)

252.231‐7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

252.232‐7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

252.232‐7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

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

252.236‐7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

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

252.236‐7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

252.236‐7008 CONTRACT PRICES ‐ BIDDING SCHEDULES. (DEC 1991)

252.243‐7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243‐7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

252.244‐7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS)

(NOV 2010)

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

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

SECTION 00 80 00 ‐ SPECIAL CONTRACT REQUIREMENTS

ADJUSTMENT TO FUEL PRICE (AFP)

FUEL CONSUMPTION REPORTING REQUIREMNTS

52.000‐4000 GENERAL

52.000‐4001 CONTRACT MINIMUM/MAXIMUM

52.000‐4004 PARTNERING

52.000‐4008 SMALL BUSINESS SET ASIDE REQUIREMENTS FOR DREDGING (OCT 2000)

52.214‐5000 APPARENT CLERICAL MISTAKES – EFARS

52.217‐4002 EXERCISE OF OPTION TO EXTEND SERVICES

52.229‐4001 IOWA SALES AND USE TAX

52.231‐5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)—EFARS

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)

52.236‐4014 PURCHASE ORDERS

52.236‐4025 FLOATING PLANT EQUIPMENT (MAY 1999)

52.236‐4061 OBSTRUCTION OF CHANNEL

52.236‐4062 SIGNAL LIGHTS (JAN 1965)

52.236‐4063 RADIO

52.249‐5000 BASIS FOR SETTLEMENT OF PROPOSALS

WAGE RATES

Section 00 01 00 Solicitation Contract Form

NOTES TO BIDDERS

1. EFFECTIVE MAY 31, 1998, ALL CONTRACTORS MUST REGISTER WITH CENTRAL CONTRACTOR

REGISTRATION (CCR) IN ORDER TO RECEIVE ANY CONTRACT AWARD. (Other than those made via the Government credit card program). Contractors may register online at http://www.ccr.gov.

2. FACSIMILE OF BIDS/PROPOSALS AND FACSIMILE OF MODIFICATIONS THERETO, WILL

NOT BE ACCEPTED.

3. BIDDER INQUIRIES

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it not later than 10 days prior to bid opening.

Clause 52.214-6 requires that inquiries be submitted in writing. For all technical inquiries and questions related to this solicitation, this requirement shall be satisfied by submitting inquiries via “Bidder Inquiry” in ProjNet at http://www.projnet.org/projnet . To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into the system. To self-register, go to the above web page, click the BID tab, select Bidder Inquiry, select agency USACE, enter the key number for this solicitation listed below, your email address, and click login. Fill in all required information and click create user. Verify that the information on the next screen is correct and click continue. From this page you may view all bidder inquiries or add inquiry.

Those who submit an inquiry will receive an acknowledgement via e-mail followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is: W912ES-10-B-0004

The Bidder Inquiry Key is: 9FC3UY-993WNZ

Bidders shall submit questions not later than 10 days prior to bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary. Bidders/Offerors are requested to review the specification in its entirety and to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The call center operates weekdays from 8:00 a.m. to 5:00 p.m. U. S. Central Time Zone (Chicago). The telephone number for the call center is 800-428-HELP.

4. QUANTITIES. All Quantities are estimated except where unit is given as "EA" (each) or "LS" (lump sum).

This solicitation will result in an Indefinite Delivery Indefinite Quantity contract which precludes the need for the clause at FAR 52.111-18, “Variation in Estimated Quantity”. Contract and task order minimums and maximums are addressed in the following clauses at 52.000-4001, “Contract Minimum/Maximum” (Section 00 80 00) and 52.216-19, “Order Limitations” (Section 00 70 00).

The line item quantities listed in the Bid Schedule are for evaluation purposes only and are not intended to convey either a minimum or maximum quantity that will be ordered by the Government.

5. ISSUANCE OF TASK ORDERS. Work will be ordered through the issuance of individual task orders as the requirements of the Corps of Engineers are defined. Each task order will include the specific requirements related to the work covered by the task order, and delivery or performance requirements. Task Order prices will be in accordance with the fixed rates established in the Bid Schedule (Section 00 01 00).

A task order must be in writing and signed by the Contracting Officer. Orders may be issued by mail, by fax transmission, by personal service, or by electronic transmission. A task order shall be considered to have been issued:

(1) at the time the Government transmits written notification to the Contractor if the transmission is by fax, email or other electronic means

(2) at the time the contractor receives the order if the transmission is by mail or personal service

6. 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. For further information reference clause 52.214-5000 entitled “Apparent Clerical Mistakes” in Section 00 80 00.

7. ADJUSTMENT TO FUEL PRICE. Offerors are advised that this solicitation contains an Adjustment to Fuel

Price (AFP) clause (Section 00 80 00). The purpose of that clause is to reduce the price risk to both the Contractor and the Government from fluctuations in diesel fuel prices to the extent of the adjustments made via that clause. The AFP clause applies to both the base and option periods of the contract. Offerors are reminded that including anticipated fuel price increases in option year pricing may render their offer less competitive. For bidding purposes, prices should reflect all applicable fuel taxes.

8. Please take note of the FAR clause at 52.204-10, “Reporting Executive Compensation and First-Tier Sub-contract Awards” (Section 00 70 00). This requires the contractor to file an electronic Federal Funding Accountability and Transparency Act (FFATA) sub-award report by the end of the month following the month in which the prime contractor awards any sub-contract greater than $25,000.

9. For contract line items that are related to transportation of dredge material over 8 river miles, reference the historical data provided in Section 0830.

10. Please note that pursuant to the FAR clause at 52.216-18, Ordering, task orders may be issued until the end of the ordering period or until the Contractor is released for the navigation season by notification from the Contracting Officer. Historically, contractors have been released mid to late November. Complete weather records and reports may be obtained from the local U.S. Weather Service.

11. BID BONDS

a. This solicitation requires each offeror to submit an acceptable bid guarantee in the amount of $300,000.00 along with its offer (see clause 52.228-1). The Contracting Officer has the authority and responsibility to determine whether the bid bond and its accompanying documentation clearly show that the person(s) executing the bid bond on behalf of the surety have the authority to unequivocally bind the bonding company.

b. One acceptable form of bid guarantee is a bid bond. If a bid bond is used, it must be accompanied by a signed and dated power-of-attorney. If a signed and dated power-of-attorney does not accompany the bid bond, the bid must be rejected as non-responsive. Please note that a non-responsive bid may not be corrected after bid opening to make it responsive – the bid must be rejected. The power-of-attorney must be issued by the surety (the Treasury Department-approved bonding company, not the insurance agency writing the bond).

c. Original powers-of-attorney and photocopies or facsimiles of original, otherwise valid, powers-of-attorney provide sufficient evidence of authority to bind the surety. Questions concerning the authenticity or enforceability of a power-of-attorney may be resolved by the Contracting Officer, often in consultation with the surety, after the bid opening.

d. This bid note does not provide bidders with an all-inclusive checklist for submitting an acceptable bid bond – rather, it provides some information regarding recent changes to the Federal Acquisition Regulation regarding the validity of powers-of-attorney. The revised regulation may be found at FAR 28.101-3.

e. The revised regulations described in this bid note are effective for solicitations issued after September 30, 2005.

12. PERFORMANCE AND PAYMENT BONDS. In accordance with the clause at FAR 52.228-15, “Performance and Payment Bonds – Construction” (Section 00 70 00), prior to commencing any work under the contract, the contractor shall provide: (1) a performance bond (Standard Form 25) in the penal amount of $1,000,000.00; and

(2) a payment bond (Standard Form 25-A) in the penal amount of $1,000,000.00. The term of the bonds is the life of the contract, including any option periods that may be exercised by the Government in its discretion.

13. RESPONSIBILITY DETERMINATION. In accordance with Federal Acquisition Regulation (FAR) Subpart

9.1, the apparent low bidder will be requested to provide the following information as soon as possible after bid opening:

a. Financial Statements, including balance sheets that identify major categories of assets, liabilities, and owner’s equity; and profit and loss statements for the past three (3) years.

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.

14. SUBCONTRACTING PLAN: Based upon historical data, the Government anticipates, but does not guarantee that the sum of task orders issued during the contract and option periods will exceed $1,000,000. Therefore, if the apparent low bidder is a large business, submission of a Subcontracting Plan will be required.

Your attention is directed to the solicitation clauses 52.219-8 entitled "Utilization of Small Business Concerns", 52.219-9 entitled "Small Business Subcontracting Plan," and 252.219-7003 entitled "Small Business Subcontracting Plan (DoD Contracts)”.

The Contracting Officer will review the plan using the following goals to assure that it represents your best efforts to maximize subcontracting opportunities. Award will not be made until the Contracting Officer approves the Subcontracting Plan.

The following subcontracting goals are informational only and not legally binding but are considered reasonable and achievable during the resulting contract from this solicitation. The goals expressed in percent of total planned subcontracting dollars are:

Small Business 30% Small Disadvantaged Business 3% Women-Owned Small Business 3% HUBZone Small Business 10% Service-Disabled Veteran-Owned Small Business or Veteran-Owned Small Business 3% Subcontract Reporting (SF 294 & SF 295) 100.0%

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

Reference is made to paragraph (d) of clause 52.214-19, “Contract Award – Sealed Bidding – Construction.”

16. The addresses, phone numbers, and Internet address (if available) for references cited in these specifications are listed in the Unified Facilities Guide Specification (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: www.hnd.usace.army.mil/techinfo.

17. Any forthcoming amendments will only be available on this website: www.fbo.gov. It is recommended that each registered firm check this website periodically for updates.

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Section 00 10 00 Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.209-4001 BIDDER'S QUALIFICATIONS (APR 1984) FAR 9.105-1

Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

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

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

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

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

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

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

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

52.214-5 SUBMISSION OF BIDS (MAR 1997)

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

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

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

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

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

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND

WITHDRAWALS OF BIDS (NOV 1999)

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

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

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

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

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

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

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

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

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

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

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

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

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

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

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

52.214-19 CONTRACT AWARD--SEALED BIDDING--

CONSTRUCTION (AUG 1996)

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

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

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

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

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

(APR 1991)

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

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

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

dollars shall be rejected.

52.214-4001 INQUIRIES - BID INFORMATION

(a) Inquiries:

Provision 52.214-6 requires that inquiries be submitted in writing. For all technical inquiries and questions related to this solicitation, this requirement shall be satisfied by submitting inquiries via “Bidder Inquiry” in ProjNet at http://www.projnet.org/projnet . To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into the system. To self-register, go to the above web page, click the BID tab and select Bidder Inquiry, select agency USACE, enter the key number for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that the information on the next screen is correct and click continue. From this page you may view all bidder inquiries or add inquiry. Those who submit an inquiry will receive an acknowledgement via e-mail followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is: W912ES-11-B-0004

The Bidder Inquiry Key is: 9FC3UY-993WNZ

Bidders shall submit questions not later than 10 days prior to the proposal due date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary. Bidders/Offerors are requested to review the specification in its entirety and to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The call center operates weekdays from 8:00 a.m. to 5:00 p.m. U. S. Central Time Zone (Chicago). The telephone number for the call center is 800-428-HELP.

(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, 7th Floor, of the U.S. Army Corps of Engineers - St. Paul District, 180 Fifth Street East, Suite 700, St. Paul, Minnesota 55101-1678. A public bid opening will be held at the same location.

52.214-4002 ALL OR NONE QUALIFICATIONS (FEB 2011) FAR

14.404-5

A bidder must bid on all items in this solicitation to be eligible for award. The Government will award on a “All or None” basis. Evaluation of bids will be based upon only the total price included on the bid schedule for all items.

If options are included in the bid schedule the evaluation will be conducted in accordance with the applicable option clause in the solicitation.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery Indefinite Quantity (IDIQ) 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

.7% 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 city of St. Paul, MN, Ramsey County and covered areas specified in individual task orders.

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT--

CONSTRUCTION MATERIALS (FEB 2009) - ALTERNATE I (MAY 2002)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act-- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act or Balance shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested--

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

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be $300,000.00.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10…