W912ES-12-B0004_SOLICITATION.PDF

SOLICITATION NO. W912ES-12-B-0004

CONSTRUCTION

DOCUMENTS FOR

FARGO MOORHEAD PILE LOAD TEST

Red River of the North

Pleasant Township

Cass County, ND

DECEMBER 2011

US Army Corps of Engineers St. Paul District

W81G6712971307

Fargo Moorhead Pile Load Test, Red River of the North, Pleasant Tow nship, Cass County, ND.

The w ork requires that the maximum capacity of both an H-pile and a closed-end steel pipe pile founded in the stiff till layer be determined.

The piles w ill be required to be driven to a depth of approximately 80’ to 90’ below the ground surface. Capacities w ill be determined during driving and restrike using the PDA. Both compressive and tensile static load tests w ill be completed to determine the maximum capacity of the piles. The w ork also requires a report to be submitted that includes the pile drive records, dynamic and static load test results. Incident w ork includes site grading to facilitate pile driving and the load tests, design and construction of the load frame and reaction system, maintenance and repair of the access road, and site restoration and seeding. The location of the w ork w ill take place on a vacant lot located along the Red River in Cass County, ND, approximately 10 miles south of Fargo, ND. This is an UNRESTRICTED procurement. The estimated price range is betw een $500,000 and $1,000,000. The North American Industry Classif ication System (NAICS) Code is 238910. The small business size standard is $14.0 million.

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

16-Dec-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. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10 Alt1

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________17 Jan 2012 (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 E

ST. PAUL MN 55101-1678

W912ES

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

651-290-5706FAX:TEL: 651-290-5406 TEL: FAX:

W912ES-12-B-0004 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 offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

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

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912ES-12-B-0004

TABLE OF CONTENTS

SECTION 00 01 0 ‐ 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

52.211‐5000 EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)‐‐EFARS

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)

52.222‐5 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)

52.225‐10 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)

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

SECTION 00 60 00 ‐ REPRESENTATIONS & CERTIFICATIONS

52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2011)

52.209‐7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

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) 52.204‐4 PRINTED OR COPIED DOUBLE‐SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) 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)

52.209‐9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011) 39

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. (AUG 2011)

52.214‐28 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA ‐ MODIFICATIONS ‐ SEALED BIDDING. (OCT 2010) 52.219‐4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 2011)

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

52.219‐9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011)‐‐ALTERNATE I (OCT 2001)

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) 58

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)

52.223‐6 DRUG‐FREE WORKPLACE (MAY 2001)

52.223‐18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

52.225‐9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (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)

52.227‐17 RIGHTS IN DATA‐SPECIAL WORKS (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 I (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 (DEC 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)

52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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 (SEP 2011) 252.203‐7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE‐CONTRACT‐RELATED

FELONIES (DEC 2008)

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

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

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

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)(SEP 2011)

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

252.223‐7008 PROHIBITION OF HEXAVALENT CHROMIUM (MAY 2011)

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

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

252.227‐7013 RIGHTS IN TECHNICAL DATA‐‐NONCOMMERCIAL ITEMS. (SEP 2011)

252.227‐7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)

252.227‐7030 TECHNICAL DATA‐‐WITHHOLDING OF PAYMENT (MAR 2000)

252.227‐7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

252.227‐7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA. (SEP 2011)

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)

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

252.243‐7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.242‐7006 ACCOUNTING SYSTEM ADMINISTRATION (MAY 2011)

252.243‐7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

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

(SEP 2011)

252.246‐7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

252.246‐7001 WARRANTY OF DATA (DEC 1991)

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

(S‐102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS‐BACON ACT

CERTIFIED LABOR PAYROLLS (APRIL 2011)

52.000‐4004 PARTNERING

52.211‐5001 VARIATIONS IN ESTIMATED QUANTITIES, SUBDIVIDED ITEMS (MAR 1995)‐‐EFARS

52.212‐4003 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 1989) ER 415‐1‐15

52.214‐5000 ARITHMETIC DISCREPANCIES – EFARS

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

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) .. 176

52.246‐4001 LABORATORY AND TESTING FACILITIES

52.249‐5000 BASIS FOR SETTLEMENT OF PROPOSALS

WAGE RATES

Section 00 01 0 ‐ Solicitation Contract Form

NOTES TO BIDDERS

1. INQUIRIES. Please take note of the provision at 52.214-4001, INQUIRIES – BID INFORMATION (Section 00 10 00). Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit inquiries in writing not later than 10 calendar days prior to bid opening.

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 inquiries, 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. At the Bidder Inquiry Login screen, select Agency “USACE”, enter the Key number for this solicitation listed below, your e-mail 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 an 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-12-B-0004

The Bidder Inquiry “Key” Number is: ASSZKK-693466

Bidders shall submit questions not later than 10 days prior to bid opening to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary. Bidders 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.

2. SUBCONTRACTING PLAN. If the apparent low bidder is a large business, a subcontracting plan must be submitted to the Contracting Officer for receipt within two (2) business days following the bid opening.

The Contracting Officer may reject a low bid if the bidder fails to submit an acceptable subcontracting plan within this specified period.

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 requirements. Award will not be made until the Contracting Officer approves the Subcontracting Plan. Subcontracting Plans will be reviewed in accordance with the Subcontracting Plan Evluation Guide, AFARS – Appendix DD, which can be accessed at the following website: http://farsite.hill.af.mil/reghtml/regs/other/arfars/APDD

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 55% Small Disadvantaged Business 5% Women-Owned Small Business 3% HUBZone Small Business 3% Service-Disabled Veteran-Owned Small Business

Or Veteran-Owned Small Business 3% Subcontract Reporting (SF 294 & SF 295) 100.0%

3. 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 note does not provide offerors 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 note are effective for solicitations issued after September 30, 2005.

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

Subpart 9.1, the apparent low bidder will be requested to provide the following information:

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).

Bidder qualification information, as referenced in the provision at 52.209-4001, must be received by the Contracting Officer within two (2) business days after the bid opening. This information will be treated as confidential commercial or financial information to the extent permitted by law under exemption 4 to the Freedom of Information Act, 5 U.S.C. § 552(b)(4). 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.

5. FACSIMILE OF BIDS AND MODIFICATIONS THERETO WILL NOT BE ACCEPTED.

6. 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.

7. This solicitation and any forthcoming amendments will only be available on www.fbo.gov. Any forthcoming amendments will only be available on this web site. It is recommended that each registered firm check this website periodically for updates.

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

9. 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.

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

11. 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.

12. The addresses, phone numbers, and internet address (if available) for references cited in these specifications are listed in the Corps of Engineers Guide Specification (CEGS) 01090 SOURCES FOR REFERENCE PUBLICATIONS. CEGS 01090 is available on the TECHINFO page of the Corps of Engineers Huntsville District Internet site at: http://www.hnd.usace.army.mil/.

BID SCHEDULE

Item Description Quantity U/I Unit Price Amount

0001 PIPE PILES 1 LS

0002 H-PILES 1 LS

0003 DRIVING TEST PILES

0003AA DRIVING TEST PILES FIRST 548 LF 548 LF

0003AB DRIVING TEST PILES OVER 548 LF 60 LF

0004 REACTION PILES AND LOAD FRAMES 1 LS

0005 DYNAMIC TESTING 4 EA

0006 DYNAMIC-RESTRIKE TESTING 2 EA

0007 STATIC TENSION TESTING 4 EA

0008 STATIC COMPRESSION TESTING 2 EA

0009 SITE RESTORATION 1 LS

0010 FINAL PILE LOAD TEST REPORT 1 LS

TOTAL

Section 00 10 00 ‐ Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

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.

52.211‐5000 EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)‐‐EFARS

Item No. 0003 is subdivided into two or more estimated quantities and is to be separately priced. The Government will evaluate this item on the basis of total price of its sub-items.

(End of provision)

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.

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.

(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.

(End of provison)

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:

Clause 52.216-6 requires that inquires 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 inquiries, 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. At the Bidder Inquiry Login screen, select Agency “USACE”, enter the Key number for this solicitation listed below, your e-mail 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 an 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-12-B-0004

The Bidder Inquiry “Key” Number is: ASSZKK-693466

Bidders shall submit questions not later than 10 days prior to bid opening to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary. Bidders 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 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.

52.216‐1 TYPE OF CONTRACT (APR 1984)

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

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.

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

2.2% 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 North Dakota, Cass County, Pleasant Township.

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “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” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.

(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 material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(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 not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic 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 the clause at FAR 52.225-9 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 the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic 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 twenty (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.

52.233‐2 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 180 5th Street East, Suite 700 St. Paul, MN 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.

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

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

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

Mr. Brian Busta Cass County Highway Department Phone: 701-298-2378

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):

FAR: http://farsite.hill.af.mil/vffara.htm DFARS: http://farsite.hill.af.mil/VFDFARA.HTM EFARS: http://www.usace.army.mil/cect/pages/efars.aspx AFARS: http://farsite.hill.af.mil/vfafara.htm

Section 00 60 00 ‐ Representations & Certifications

CLAUSES INCORPORATED BY FULL TEXT

52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238910

(2) The small business size standard is $14.0 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 apply and the offeror has completed the individual representations and certifications in the solicitation.

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

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

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

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

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

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

(B)…