W912ES-17-B-0008_Specs.pdf

Solicitation No. W912ES-17-B-0008

DEVILS LAKE FLOOD RISK MANAGEMENT

DEVILS LAKE SUB RIVER BASIN

DEVILS LAKE, NORTH DAKOTA

CONSTRUCTION

DOCUMENTS

FOR

DEVILS LAKE

FILTER STONE REPAIR

AUGUST 2017

US Army Corps of Engineers St. Paul District

W81G6771565286

Devil’s Lake Sand Drain Repair.

The North American Industry Classif ication System (NAICS) code for this project is 237990; Other Heavy and Civil Engineering Construction w ith a size standard of $36.5M.

The estimated magnitude of construction is betw een $250,000 and $500,000; the contract w ill require 100% performance and payment bonds.

This acquisition is set-aside 100% for small business concerns.

X

ARAGON N LIEBZEIT 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

08-Aug-2017

(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 _________________________52.211-10AltI

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 __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________07 Sep 2017 (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 SUITE 700

ST. PAUL MN 55101-1678

W912ES

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912ES17B0008 169

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

W912ES17B0008

Table of Contents

TABLE OF CONTENTS

SECTION 00 10 00 – SOLICITATION

BID SCHEDULE

SECTION 00 21 13 ‐ INSTRUCTIONS TO BIDDERS

INFORMATION TO BIDDERS

52.203‐19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.211-5000 EVALUATION OF SUBDIVIDED ITEMS

52.214‐3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

52.214‐4 FALSE STATEMENTS IN BIDS (APR 1984)

52.214‐5 SUBMISSION OF BIDS (DEC 2016)

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)

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

52.216‐1 TYPE OF CONTRACT (APR 1984)

52.222‐5 CONSTRUCTION WAGE RATE REQUIREMENTS‐‐SECONDARY SITE OF THE WORK (MAY 2014) 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 REQUIREMENT‐‐CONSTRUCTION MATERIALS (MAY 2014) ALTERNATE I

(MAY 2014)

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)

52.252‐5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

SECTION 00 45 00 ‐ REPRESENTATIONS AND CERTIFICATIONS

52.203‐18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS‐‐REPRESENTATION (JAN 2017)

52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

252.204‐7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

SECTION 00 70 00 ‐ CONDITIONS OF THE CONTRACT

52.202-1 DEFINITIONS (NOV 2013)

52.203‐3 GRATUITIES (APR 1984)

52.203‐5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203‐6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203‐7 ANTI‐KICKBACK PROCEDURES. (MAY 2014)

52.203‐8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY

2014)

52.203‐10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203‐12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) 52.203‐17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

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

52.204‐7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.204‐10 REPORTING EXECUTIVE COMPENSATION AND FIRST‐TIER SUBCONTRACT AWARDS (OCT 2016)

52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.204‐19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 52.209‐6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

52.209‐10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015) 52.211‐10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ‐ ALTERNATE I (APR

1984)

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

52.211‐13 TIME EXTENSIONS (SEP 2000)

52.211‐18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.219‐6 NOTICE OF TOTAL SMALL BUSINESS SET‐ASIDE (NOV 2011)

52.219‐8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

52.219‐28 POST‐AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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 ‐ OVERTIME COMPENSATION. (MAY 2014)

52.222‐6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

52.222‐7 WITHHOLDING OF FUNDS (MAY 2014)

52.222‐8 PAYROLLS AND BASIC RECORDS (MAY 2014)

52.222‐9 APPRENTICES AND TRAINEES (JUL 2005)

52.222‐10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222‐11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222‐12 CONTRACT TERMINATION‐‐DEBARMENT (MAY 2014)

52.222‐13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY

2014)

52.222‐14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222‐15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222‐21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222‐26 EQUAL OPPORTUNITY (SEPT 2016)

52.222‐27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222‐36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

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

52.222‐50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222‐54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222‐55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.222‐62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.223‐2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEP 2013)

52.223‐5 POLLUTION PREVENTION AND RIGHT‐TO‐KNOW INFORMATION (MAY 2011)

52.223‐6 DRUG‐FREE WORKPLACE (MAY 2001)

52.223‐9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA‐DESIGNATED ITEMS (MAY

2008) 52.223‐17 AFFIRMATIVE PROCUREMENT OF EPA‐DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS (MAY 2008)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

(AUG 2011)

52.225‐9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

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 (JAN 2012)

52.228‐12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (MAY 2014)

52.228‐14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

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

52.229‐3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232‐5 PAYMENTS UNDER FIXED‐PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232‐17 INTEREST (MAY 2014)

52.232‐23 ASSIGNMENT OF CLAIMS (MAY 2‐14) ‐ ALTERNATE I (APR 1984)

52.232‐27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

52.232‐33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT (JULY 2013) . 106

52.232‐39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.233‐1 DISPUTES. (MAY 2014)

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)

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 (JAN 2017)

52.246‐12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246‐21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.248‐3 VALUE ENGINEERING‐‐CONSTRUCTION (OCT 2015)

52.249‐2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED‐PRICE) (APR 2012) ‐ ALTERNATE I

(SEP 1996)

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

52.252‐6 AUTHORIZED DEVIATIONS IN CLAUSES (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 (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 (SEP 2013)

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

252.204‐7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

252.204‐7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT

(MAY 2016)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

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

252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS

MATERIALS--BASIC (SEP 2014)

252.223‐7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

252.225‐7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)

252.225‐7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2016)

252.225‐7048 EXPORT‐CONTROLLED ITEMS (JUNE 2013)

252.227‐7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

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)

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

252.242‐7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (MAY 2011)

252.242‐7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)

252.243‐7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243‐7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.247‐7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)

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

SECTION 00 72 00 ‐ GENERAL CONDITIONS

SECURITY REQUIREMENTS

AT/OPSEC 13: WILL BE ESCORTED IN AREAS WHERE THEY MAY BE EXPOSED TO CLASSIFIED AND/OR SENSITIVE MATERIALS AND/OR

SENSITIVE OR RESTRICTED AREAS

AT/OPSEC 15: PRE‐SCREEN CANDIDATES USING E‐VERIFY PROGRAM

AT/OPSEC 2: ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

SECTION 00 73 00 ‐ SUPPLEMENTARY CONDITIONS

52.000‐4004 PARTNERING

52.211-5001 VARIATIONS IN ESTIMATED QUANTITIES, SUBDIVIDED ITEMS

52.212-4003 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 1989) ER 415-1-15 159

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 (MAR 2015) . 161

52.236-4012 MATERIAL SOURCES

52.246-4001 LABORATORY AND TESTING FACILITIES

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

MVP‐0002 APPARENT CLERICAL MISTAKES

MVP‐0003 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

WAGE DETERMINATION

Item Description Quantity Unit Unit Price Amount

0001 Performance And Payment Bonds 1 JOB -$ -$

0002 Site Access And Restoration 1 JOB -$ -$

0003 Filter Stone Grading 1 JOB -$ -$

0004 Disposal of Contaminated Filter Stone 0004AA Disposal of Contaminated Filter Stone - First 20 CY 20 CY -$ -$ 0004AB Disposal of Contaminated Filter Stone - Over 20 CY 80 CY -$ -$

0005 Filter Stone Cap 0005AA Filter Stone Cap - First 9,580 TON 9,580 TON -$ -$ 0005AB Filter Stone Cap - Over 9,580 TON 1,690 TON -$ -$

TOTAL AMOUNT (CLINS NO. 1 - NO. 5) -$

BID SCHEDULE

DEVILS LAKE FILTER STONE REPAIR

W912ES-17-B-0008

Section 00 10 00 - Solicitation

Section 00 21 13 ‐ Instructions to Bidders

INFORMATION TO BIDDERS

1. SAM REGISTRATION. All bidders must register and complete online representations and certifications in the System for Award Management (SAM) at www.sam.gov prior to the bid opening. Bidders that have not registered or completed their online representations and certifications may be rejected. Bidders are advised that the initial registration process in SAM may take several weeks. The Government will review completed Representations and Certifications in SAM following the bid opening. Submission of paper copies of completed representations and certifications is NOT required with bid submissions.

2. BIDDER INQUIRIES. Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit their questions using the ProjNet system at https://www.projnet.org

Clause 52.214-6 requires that all inquiries be submitted in writing. To submit a new inquiry or to view inquiries submitted by other prospective bidders, users must be registered and signed into the ProjNet system . Bidders may register online at https://www.projnet.org (click on “Register”). The following information will be needed to submit or view bidder inquiries:

Managing Agency: USACE The Solicitation Number is: W912ES-17-B-0008 The Bidder Inquiry “Key” Number is: JSZU3Z-VUB8UT

Bidders shall submit inquiries 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. Those who submit an inquiry will receive a system-generated email acknowledgement. All answers to inquiries will be posted in ProjNet after they have been reviewed by the USACE technical team. Bidders are advised to review the solicitation in its entirety and to review all previously submitted questions and responses prior to submitting a new inquiry.

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. A detailed description of the work to be self-performed and resources available to demonstrate the firm is capable of complying with: 52.219-14, Limitations on Subcontracting.

b. 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.

c. 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 five (5) 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 not be over 60 days old.

If over 60 days old, a certification shall 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. Offerors are advised to note ANTITERRORISM/OPERATIONS SECURITY special contract requirements (Section 00 80 00).

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

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 "JOB" (job).

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. For further information reference clause MVP-0002 entitled “Apparent Clerical Mistakes” in Section 00 80 00.

10. UNBALANCED BIDS. The government may reject as non-responsive any bid that is materially unbalanced between contract line item numbers or sub-items on the bidding schedule. A bid is materially unbalanced when it is based on prices that are significantly less than cost for some work and significantly more than cost for other work. A materially unbalanced bid may be rejected if the Contracting Officer has a reasonable doubt as to whether the bid will result in the lowest overall cost to the government even though it may be the low evaluated bid. Additionally, a bid that is unbalanced so as to be tantamount to an advance payment will be rejected as non-responsive even if acceptance of the bid would result in the lowest overall cost to the government. Reference is made to paragraph (d) of clause 52.214-19, “Contract Award

– Sealed Bidding – Construction.”

11. 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:

http://www.hnc.usace.army.mil/Missions/Engineering-Directorate/TECHINFO/

52.203‐19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ``CAGE'' before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of Provision)

52.211-5000 EVALUATION OF SUBDIVIDED ITEMS

Item Nos. 0004 and 0005 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

(End of provision)

52.214‐3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

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

(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

(2) The Government must receive the acknowledgement 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 (DEC 2016)

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

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

(End of provision)

52.214‐6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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

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

1999)

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

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

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

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

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

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

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

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

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

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

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

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

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

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

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

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

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

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

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

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

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

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

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

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

dollars shall be rejected.

52.214‐4002 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 CONSTRUCTION WAGE RATE REQUIREMENTS‐‐SECONDARY SITE OF THE WORK

(MAY 2014)

(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, Construction Wage Rate Requirements,of this solicitation.

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

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

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

2% 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 Devils Lake, North Dakota (Ramsey County).

52.225‐10 NOTICE OF BUY AMERICAN REQUIREMENT‐‐CONSTRUCTION MATERIALS

(MAY 2014) ALTERNATE I (MAY 2014)

(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 --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 statute 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 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 the

Contracting Officer Contracting Division U.S. Army Corps of Engineers 180 5th Street East, STE 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) – 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-- August 17, 2017 at 1130 am Central Time

(c) Participants will meet at-- City of Devils Lake Hwy 20 Pumpt Station.

The pump station is located at 48 degrees, 04 minutes, 53.49 seconds North and 98 degrees, 52 minutes,

43.27 seconds West. It is located on the west side of Hwy 20 just south of 29th St. SW in Devils Lake, ND. Access is at the top of the embankment where it intersects with Hwy 20. Contact Tom Schmit, 701- 318-8895 for questions regarding the site visit location only.

There will be only one site visit offered. Bidders planning to attend must register for the site visit by sending an email to: Aragon.N.Liebzeit@usace.army.mil at least 24 hours prior to the site visit date and time. If no firms indicate interest in the site visit via email as required, the site visit will be cancelled.

Site visit attendees should provide the following information via email:

(a) Solicitation number

(b) Project Title

(c) Name(s) of individual(s) attending the site visit

(d) Name of Company

(e) Phone number of Company

Site visit participants must abide by the U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1, latest version). It is the responsibility of the participants to wear personal protective and safety equipment as required by this regulation. Failure to comply could result in denial of access to the site visit location. The latest version of EM 385-1-1 is available online at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

52.252‐5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of Defense FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 ‐ Representations and Certifications

52.203‐18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS‐‐REPRESENTATION (JAN

2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.