Devils Lake Ph3 SolicitationW912ES-11-B-0005 FINAL .pdf

Solicitation No. W912ES-11-B-0005

CITY OF DEVILS LAKE

RAMSEY COUNTY

NORTH DAKOTA

CONSTRUCTION

DOCUMENTS FOR

Devils Lake City Embankments, Phase 3, Embankment Raise and Extension &

Lakewood and HWY 20

Pump Stations

FEBRUARY 2011

US Army CorpsUS Army Corps Of EngineersOf Engineers St. Paul DistrictSt. Paul District

W81G6700294357

Devils Lake City, Ramsey County, North Dakota.

The Devils Lake Flood Risk Management Phase 3 Embankments construction project w ill provide f lood protection to the city of Devils Lake, ND.

The contractor w ill be required to furnish all plant, labor, material and equipment to raise and extend the existing embankments along Devils Lake from elevation 1461.2 to a minimum construction grade of 1467.2 (construction grade varies by reach). Phase 3 consists of the Airport Reach (10,000 feet of new and existing embankment and road), Golf Course/Eagle Bend Reach (9,885 feet of existing embankment), Lakew ood Reach (6,200 feet of new embankment), North Tieback/Roberts Reach (8,689 feet of new and existing embankment), and East End Reach (4,600 feet of new embankment). Approximately 5,600 feet of the Airport Reach w ill be an Option (Option 1) and the entire Lakew ood Reach w ill be an Option (Option 2). (Description continued on 1442 Box 10 Continuation Page.)

The estimated price range for this requirement is betw een $25,000,000 and $100,000,000. The North American Industry Classification System (NAICS) code is 237990 w ith a small business size standard of $33.5 million. The solicitation is issued as an Invitation for Bid (IFB) and is 100% set-aside for small business concerns.

X

PATRICIA M SIMON 651 290-5418

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

18-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 _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10AltI

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 ______________21 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-0005 180

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-0005

1442 BOX 10 CONTINUATION PAGE

The project also includes construction of two interior drainage pump stations (Lakewood and HWY 20), demolition of two existing interior drainage pump stations (Eagle Bend and a portion of HWY 20), utility relocations and roadway construction. Lakewood pump station will have a capacity of 20,000 gpm, while HWY 20 will have a capacity of 5,000 gpm. Cofferdams will be required to construct the Lakewood Pump Station area, and a portion of the North Tieback Reach.

Table of Contents for Sections 00 01 00 through 00 80 00

SECTION 00 01 00 ‐ SOLICITATION CONTRACT FORM

BID SCHEDULE

NOTES TO BIDDERS

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)

52.236‐27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

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

SECTION 00 60 00 ‐ REPRESENTATIONS & CERTIFICATIONS

52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2011)

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 (SEP 2006)

52.209‐9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

52.211‐6 BRAND NAME OR EQUAL (AUG 1999)

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

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

52.211‐18 VARIATION IN ESTIMATED QUANTITY (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)

52.219‐6 NOTICE OF TOTAL SMALL BUSINESS SET‐ASIDE (JUN 2003)

52.219‐8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)

52.219‐14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

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

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

52.222‐3 CONVICT LABOR (JUN 2003)

52.222‐4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ‐ OVERTIME COMPENSATION. (JUL 2005) 60

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)

52.222‐35 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)

52.236‐2 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) – ALTERNATE I (NOV 1991)

52.236‐15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236‐16 QUANTITY SURVEYS (APR 1984) ‐ ALTERNATE I (APR 1984)

52.236‐17 LAYOUT OF WORK (APR 1984)

52.236‐21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ‐ ALTERNATE II (APR 1984)

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)

52.246‐21 WARRANTY OF CONSTRUCTION (MAR 1994)

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)

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

252.225‐7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (JUL 2009)

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

252.227‐7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

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

252.232‐7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

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

252.236‐7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

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

252.236‐7005 AIRFIELD SAFETY PRECAUTIONS. (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

52.000‐4004 PARTNERING

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

1-15 168

52.214‐5000 APPARENT CLERICAL MISTAKES – EFARS

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

52.228-4022 REQUIREMENT FOR BID GUARANTEE (FAR 28.101-2)

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

52.232-4004 INVOICE PROCEDURES

52.236-4002 WORK PERFORMED BY THE CONTRACTOR

52.236-4005 UNAVAILABILITY OF UTILITY SERVICES

52.236‐4006 SAFETY AND HEALTH REQUIREMENTS MANUAL INTERIM CHANGES, EM 385‐1‐1 (JAN 2009) .. 172

52.236-4012 MATERIAL SOURCES

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

52.246-4001 LABORATORY AND TESTING FACILITIES

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

WAGE RATES

GENERAL DECISION NUMBER: ND100015 11/05/2010 ND15

Section 00 01 00 Solicitation Contract Form

BID SCHEDULE

Devils Lake Phase 3 Bid Schedule

CLIN DESCRIPTION QUANTITY UNITS UNIT PRICE AMOUNT

Base Items

Demolition Eagle Bend Pump Station

1 LS

0002 Demolition Utilities 1 LS

Demolition Aggregate and Bituminous Pavement

1 LS

0004 Demolition Buildings 1 LS

0005 Prairie Potholes 1 LS

0006 Water Distribution 1 LS

0007 Sanitary Sewers 1 LS

0008 Sanitary Sewer Lift Stations 1 LS

0009 Clearing And Grubbing 1 LS

0010 Stripping 134,300 CY

0011 Marl Inspection Trench 6,400 LF

0012 Excavation 114,700 CY

0013 Impervious Fill 345,300 CY

0014 Select Impervious Fill 733,100 CY

0015 Random Fill 40,500 CY

0016 Filter Stone 9,600 CY

0017 Sand Drain 162,600 CY

Soil‐Bentonite (S‐B) Slurry Trench

320,400 SF

0019 Bedding Gradation 2 15,100 TN

0020 Bedding Gradation 1 23,300 TN

0021 Riprap Gradation 2 35,000 TN

0022 Riprap Gradation 1 47,800 TN

0023 Geotextile Fabric 1,185,000 SF

0024 Aggregate Base Course 11,400 TN

0025 Aggregate Surface 1,046 TN

0026 Topsoil and Seed 70 AC

0027 Instrumentation 1 LS

0028 Bituminous 460 TN

0029 Traffic Control Signs 1 LS

0030 Interior Drainage Culverts 1 LS

Highway 20 Pump Station

Modification

1 LS

0032 Highway 20 Drop Inlet 1 LS

0033 Highway 20 Manhole 1 LS

0034 Highway 20 36" RCP 1 LS

0035 Highway 20 42" RCP 1 LS

0036 Highway 20 Electrical Service 1 LS

0037 Highway 20 Electrical Work 1 LS

Highway 20 Pumps, Piping, Valves

1 LS

0039 Highway 20 Mechanical Work 1 LS

0040 Highway 20 Sluice Gates 1 LS

0041 Eagle Bend Cofferdam 1 LS

0042 Gates, Guardposts, Fence 1 LS

TOTAL BASE

AMOUNT $________________

Option 1 Airport Reach

1001 Demolition Utilities 1 LS

Demolition Aggregate and Bituminous Pavement

1 LS

1003 Prairie Potholes 1 LS

1004 Water Distribution 1 LS

1005 Clearing And Grubbing 1 LS

1006 Stripping 13,386 CY

1007 Excavation 48,800 CY

1008 Impervious Fill 39,500 CY

1009 Select Impervious Fill 27,200 CY

1010 Random Fill 1,080 CY

1011 Filter Stone 550 CY

1012 Sand Drain 4,200 CY

1013 Bedding Gradation 1 4,200 TN

1014 Riprap Gradation 1 259,800 TN

1015 Aggregate Base Course 8,085 TN

1016 Topsoil and Seed 17 AC

1017 Instrumentation 1 LS

1018 Interior Drainage Culverts 1 LS

1019 Geotextile Fabric 151,200 SF

TOTAL OPTION 1 AMOUNT

Option 2 Lakewood Reach

2001 Demolition Utilities 1 LS

Demolition Aggregate and Bituminous Pavement

1 LS

2003 Demolition Buildings 1 LS

2004 Water Distribution 1 LS

2005 Sanitary Sewers 1 LS

2006 Sanitary Sewer Lift Stations 1 LS

2007 Clearing And Grubbing 1 LS

2008 Stripping 36,300 CY

2009 Excavation 29,800 CY

2010 Impervious Fill 23,400 CY

2011 Select Impervious Fill 57,200 CY

2012 Random Fill 10,000 CY

2013 Filter Stone 900 CY

2014 Sand Drain 9,100 CY

Soil‐Bentonite (S‐B) Slurry

Trench

278,100 SF

2016 Sand Trench Drain 1 LS

2017 Bedding Gradation 3 14,400 TN

2018 Bedding Gradation 2 1,900 TN

2019 Riprap Gradation 3 21,800 TN

2020 Riprap Gradation 2 4,000 TN

2021 Geotextile Fabric 197,300 SF

2022 Aggregate Base Course 1,815 TN

2023 Aggregate Surface Course 510 TN

2024 Topsoil and Seed 5.22 AC

2025 Instrumentation 1 LS

2026 Bituminous 855 TN

Concrete Driveway with

CrushedConcrete Base

1 LS

2028 Traffic Control Signs 1 LS

2029 Interior Drainage Pipe 1 LS

2030 Lakewood Pump Station 1 LS

2031 Lakewood Gatewell 1 LS

2032 Lakewood 30” RCP 1 LS

2033 Lakewood 42” RCP 1 LS

2034 Lakewood Outlet Apron 1 LS

2035 Lakewood Electrical Service 1 LS

2036 Lakewood Electrical Work 1 LS

Lakewood Pumps, Piping, Valves

1 LS

2038 Lakewood Mechanical Work 1 LS

2039 Lakewood Sluice Gates 1 LS

2040 Lakewood Cofferdam 1 LS

2041 Lakeshore Drive Cofferdam 1 LS

2042 Gates, Guardposts, Wire Fence 1 LS

TOTAL OPTION 2 AMOUNT

TOTAL (BASE AND OPTIONS)

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 on-line at http://www.ccr.gov

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

NOT BE ACCEPTED.

3. This solicitation is 100% set-aside for Small Business concerns.

4. 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, and

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

This information will be treated as confidential. The financial statements should be not over 60 days old. If over 60 days old, and there has been no change, a certification must be attached stating that the financial condition of the firm is substantially the same. If over 60 days old and the financial condition of the firm has changed, a list of the changes that have taken place must be included with the certification.

5. 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 – EFARS” in Section 00 80 00.

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

7. The original bid and any modifications must be complete as to all the items on the schedule.

8. 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 Provision 52.214-19, “Contract Award – Sealed Bidding – Construction.”

9. 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.

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-0005

The Bidder Inquiry Key is: KT3HML-55959X

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.

10. 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.

11. Any forthcoming amendments will only be available on this website: www.fbo.gov. Given that e-mail message notifications may not be reliable, it is recommended that each registered firm check this web site periodically for updates. A paper hard copy of each amendment will not be mailed unless specifically requested in writing.

12. Bid Bonds

a. This solicitation requires each offeror to submit an acceptable bid guarantee 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.

Section 00 10 00 Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.2094001 BIDDER'S QUALIFICATIONS (APR 1984) FAR 9.1051

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.

52.2143 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)

52.2144 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.

52.2145 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.

52.2146 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.

52.2147 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.

52.21418 PREPARATION OF BIDSCONSTRUCTION (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.

52.21419 CONTRACT AWARDSEALED BIDDINGCONSTRUCTION (AUG

1996)

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

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

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

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

(End of provison)

52.21434 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.

52.21435 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.

52.2144001 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-0005

The Bidder Inquiry Key is: KT3HML-55959X

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.

52.2144002 ALL OR NONE QUALIFICATIONS (FEB 2011) FAR 14.4045

A vendor must provide a price on all items in this solicitation to be eligible for award. The Government will award on an “All or None” basis. Evaluation of bids/offers will be based upon only the total price included on the pricing schedule for all items. If options are included in the pricing schedule the evaluation will be conducted in accordance with the applicable option clause in the solicitation.

52.2161 TYPE OF CONTRACT (APR 1984)

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

52.2175 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).

52.2225 DAVISBACON ACTSECONDARY 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.

52.22223 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB

1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

2. percent 6.9 percent

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 Devils Lake

City, Ramsey County, North Dakota.

52.22512 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.

52.2281 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

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

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

52.2332 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Contracting Officer, Contracting Division U.S. Army Corps of Engineers, St. Paul District 180 Fifth Street East, Suite 700 St. Paul, Minnesota 55101-1678

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.23627 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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) An organized site visit has been scheduled for—

Tuesday, 01 March, 2011, at 10:00 a.m.

(c) Participants will meet at—

U.S. Army Corps of Engineers Devils Lake Project Field Office

218 4th St. NW, Ste 6 East Peterson Bldg Devils Lake, ND 58301 701-665-2010

52.2521 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):

http://farsite.hill.af.mil/vffara.htm

Section 00 60 00 Representations & Certifications

52.2048 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2011)

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

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

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

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not…